Hunt v. Hunt
Massachusetts Supreme Judicial Court
Contract by the exécutor of Cyrus Hunt for money had and received by the defendant to the use of the testator, with a count alleging the delivery of a bónd of the value of $1000, by the testator to the defendant; a promise on his part to return it; and a demand and refusal. Answer, a general denial.
Read the full summary
Contract by the exécutor of Cyrus Hunt for money had and received by the defendant to the use of the testator, with a count alleging the delivery of a bónd of the value of $1000, by the testator to the defendant; a promise on his part to return it; and a demand and refusal. Answer, a general denial. At the trial in the Superior Court, before Pitman, J., without a jury, the plaintiff offered in evidence the following receipt signed by the defendant: “ Brighton, Nov. 15, 1871. Rec’d of Cyrus Hunt, bond of one thousand dollars, No. 23,658, which I am to return to him, or its equivalent in…
1Opinion of the Court
By the Court.
The ruling that, even if the testator intended to make a gift to the defendant of the bond in the possession of the latter, the evidence in the case was insufficient as matter of law to prove such delivery as was necessary to constitute a valid gift inter vivas, was erroneous. The question whether there was such delivery was a matter of fact, which should have been tried in the court below. Exceptions sustained.
2Cited by7 opinions
- Lord v. New York Life Insurance Co.Texas Supreme Court · 1902
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Dunn v. German-American BankSupreme Court of Missouri · 1891
- Mangan v. HowardMassachusetts Supreme Judicial Court · 1921
- Castle v. PersonsCourt of Appeals for the Eighth Circuit · 1902
2 more not listed; retrieve them via the Exa API.