Harris v. Clark
New York Supreme Court
This was an action of assumpsit, brought against the defendants as the executors of Sidney Smith, deceased, upon promises by the testator, founded upon the implied obligation of the deceased, that a draft for $30,000, which he sent to his sister, Mrs. Harris, to be enjoyed by her as a gift, in the event of his death, before he should reach her residence, should be accepted and paid by the drawees.
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This was an action of assumpsit, brought against the defendants as the executors of Sidney Smith, deceased, upon promises by the testator, founded upon the implied obligation of the deceased, that a draft for $30,000, which he sent to his sister, Mrs. Harris, to be enjoyed by her as a gift, in the event of his death, before he should reach her residence, should be accepted and paid by the drawees. After the death of the deceased the draft was endorsed to the plaintiff, demanded of the drawees, and acceptance refused. The draft and endorse-» ment are in the words and figures following : “…
1Opinion of the Court
By the Court, Gridley, J.
The most important question presented for our consideration in this case is, whether this draft is a valid claim against the executors of the drawer as a donatio mortis causa. To render a gift of this description valid, several requisites are indispensable. (1.) It must be made with a view to the donor’s death. (2.) It must be conditioned to take effect only on the death of the donor, of his existing disease, or during his existing illness. (3.) There must also be a delivery of the subject of the donation. There are some striking distinctions between a donatio mortis…
2Cases cited2 opinions
- Raymond v. SellickSupreme Court of Connecticut · 1835
- Coutant v. SchuylerNew York Court of Chancery · 1829
3Cited by8 opinions
- Irish v. NuttingNew York Supreme Court · 1867
- In re Final Account of SwadeAppellate Division of the Supreme Court of the State of New York · 1901
- Greenbaum v. SteinNew York Court of Common Pleas · 1867
- Trorlicht v. WeizeneckerMissouri Court of Appeals · 1876
- In re SwadeAppellate Division of the Supreme Court of the State of New York · 1901
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