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" If the thing given be a chose In action, the law requires an assignment or some equivalent Instrument, and the transfer must be actually executed. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Side 487
av New Jersey. Court of Chancery - 1892
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Bank Deposits, Trust Deposits, Alternate Deposits, Joint Deposits: A Full ...

John Edson Brady - 1911 - 338 sider
...the wife, nor is it in connection with the other evidence in the case sufficient to establish a gift. To constitute a perfect gift, the donor must part with the possession of, and the dominion over, the property. In this case, the husband retained control over the property...
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Bouvier's Law Dictionary and Concise Encyclopedia, Volum 2

John Bouvier - 1914 - 1124 sider
...Pahlman, 45 Mo. App. 160. The donor must part not only with the possession, but with the dominion. If the thing given be a chose in action, the law requires...some equivalent instrument, and the transfer must be executed ; 1 Swanst 436; Picot v. Sanderson, 12 NC 309. Delivery first and gift afterwards of a chattel...
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Cases on the Law of Contracts, Del 1

George Purcell Costigan - 1921 - 1544 sider
...answer that purpose. That apparently was Kent's opinion. See 3 Kent Com.* 439, where it is stated that, "If the thing given be a chose in action, the law...instrument, and the transfer must be actually executed." An unsealed assignment, aided by the statutes which dispense with the necessity of a seal for a deed,...
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California Jurisprudence: A Complete Statement of the Law and ..., Volum 13

1923 - 1116 sider
...thing. It must be the true and effectual way of obtaining the command and dominion of the subject. If the thing given be a chose in action the law requires...instrument, and the transfer must be actually executed." Quoted in Giselman v. Starr, 106 Cal. 651, 40 Pac. 8. As to indorsement and delivery of certificates...
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Select Cases on the Law of Trusts

George Purcell Costigan - 1925 - 1056 sider
...delivery; and if the thing be not capable of actual delivery, there must be some act equivalent to it. If the thing given be a chose in action, the law requires...instrument, and the transfer must be actually executed. 2 Kent's Com. p. 439. If the subject be a common law chose in action, the legal title of which is not...
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The Central Law Journal, Volum 13

1881 - 572 sider
...equivalent to it. The donor must part, not only with the possession, but with the dominion of the property. If the thing given be a chose in action, the law requires...some equivalent instrument, and the transfer must be actrally executed." [2 Kent. Com. •439.— ED. Cent. LJ] In the case at bar, the subject of the proposed...
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California Decisions, Volum 53

California. Supreme Court - 1917 - 940 sider
...a quotation from the second volume of Kent's Commentaries in which the following sentence appears: "If the thing given be a chose in action, the law...instrument, and the transfer must be actually executed." This declaration loses its force when read in the light of section 1047 of the Civil Code of California...
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Treasury Decisions Under Internal Revenue Laws of the United States, Volum 3

United States. Office of Commissioner of Internal Revenue - 1901 - 380 sider
...Chancellor Kent, in his Commentaries (vol. 2, page 439), says, in treating of the subject of delivery: "If the thing given be a chose in action, the law...instrument, and the transfer must be actually executed." And in Bouvier's Law Dictionary it is said : "To constitute a legal delivery it is necessary that all...
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American law reports annotated, Volum 25

1923 - 1642 sider
...... It must be the true and effectual way of obtaining the command and dominion of the subject. ... if the thing given be a chose in action, the law requires...instrument, and the transfer must be actually executed.' The Civil Code declares that a verbal gift is not valid unless the means of obtaining possession and...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volum 63

1924 - 952 sider
...equivalent to it. The donor must part not only with the possession, but with the dominion of the property. If the thing given be a chose in action, the law requires...instrument, and the transfer must be actually executed." (2 Kent's Commentaries, p. 439.) Or, as the rule is stated in Cook v. Lum, 55 NJL 373 [26 Atl. 803]:...
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