¶1The 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.
119 Mass. 474
Hunt v. Hunt
Massachusetts Supreme Judicial Court
Decided January 13, 1876
Massachusetts Supreme Judicial Court · decided 1876-01-13
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.
Good law ✅— No negative treatment on recordhow we know
Decided 1876-01-13
How this case has been cited
Cited by 6 later decisions — most recently November 1938
1 federal appellate · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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