Pearson v. Pearson
New York Supreme Court
THIS was an action Of assumpsit. The cause was at the Ontario circuit, in June. 1808, before Mr. Justice Spencer. The plaintiff declared against the defendant, as maker of a promissory note, for 530 dollars, dated 9th December, 1805, payable 15 months after date plea non assumpsit. At the trial, the noté Was proved.
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THIS was an action Of assumpsit. The cause was at the Ontario circuit, in June. 1808, before Mr. Justice Spencer. The plaintiff declared against the defendant, as maker of a promissory note, for 530 dollars, dated 9th December, 1805, payable 15 months after date plea non assumpsit. At the trial, the noté Was proved. A witness testilled, that a short time previous to the date of the note, . r a barn belonging to the plaintiff was burned, and it was generally reported in the neighbourhood, that it had been Set on fire by the defendant. On the 9th December, 1805, the plaintiff and the defendant…
1Per curiam
The validity of the note cannot be supported upon the ground taken at the trial, of its being a gift; for a gift is not consummate and perfect, until a delivery of the thing promised ; and until then the party may revoke his promise. A parol promise to pay money, as' a gift, is no more a ground of action, than a promise to deliver a chattel, as a gift. It is the delivery which makes the gift valid. Donatio perficitur possessione accipientis. (Noble v. Smith, 2 Johns. Rep. 52.) The ^question then was upon the delivery and consideration ¡of the note; for if there was no consideration for the…
2Cited by21 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Craig v. CraigNew York Court of Chancery · 1848
- Thayer v. ThayerSupreme Court of Vermont · 1842
- Bowers v. HurdMassachusetts Supreme Judicial Court · 1813
- Stewart v. Trustees of Hamilton CollegeNew York Supreme Court · 1845
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