7 N.C. App. 446 - Atkins v. Parker’s Empirical Analysis
1970
Citation profile
10
cited by 10 later decisions
2
states following
September 2008
most recently cited
10 state decisions
Relationships
Relies on Thomas v. . Houston · Newman v. . Bost · Bynum v. Fidelity Bank · Adams v. . Hayes
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to constitute a valid gift, there must be present two essential elements: 1) donative intent; and 2) actual or constructive delivery. These two elements act in concert, as the present intention to make a gift must be accompanied by the delivery, which delivery must divest the donor of all right, title, and control over the property given. . . . The intention to give, unaccompanied by the delivery, constitutes a mere promise to make a gift, which is unsupported by consideration, and, therefore, nonobligatory and revocable at will. Likewise, delivery unaccompanied by donative intent does not constitute a valid gift.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.