McKenzie v. Downing

Decided June 15, 1858

Supreme Court of Georgia · decided 1858-06-15

Trover, from Muscogee county. Before Judge Bull, May Term. 1858. It appeared upon the trial that Kenneth McKenzie, a day or two after making his will, said to Dr. Ellison his physician, that in arranging his business he had forgotten an important matter, and feared it was then too late to arrange it, that it was in regard to some money he had in Scotland.

Cited by 3 later decisions — most recently October 1926

1 federal appellate · 2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-06-15

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¶1By the Court.

McDonald J.

¶2delivering the opinion.

¶3There was no delivery of the check to the payee or to any one else for him. It remained in the custody of the drawer It is presumed that he supposed it was sufficient to entitle the. *671payee to the money, -on his death.' In that hé was mistaken, and however, mahífést his inténfi'on it cannot be carried out, consistently with a wise rule of law, which requires for the completion of a gift of this sort a; delivery of the thing-giveh;

¶4Judgment affirmed;