The Portland daily press., 1893-01-07


from the law COURT
ANDRosCoGGIN COUNTY.
Jane p Goulding VS.. Charles Horbury.
RescYipt by Chief Justice Peters-The Court
adheres to the rule that has dominated It's form,
er decisions recurring that, to constitute valid
gift cousd morris, there shall be clear and con-
elusive evidence, not only of an intention 10
give, but OF an actual gift consummated Dy as
perfect delivery as the nature OF the properly
In illustration of such rule the Court holds
that delivery of the key or a small trunk con
tanning money and bonds does not alone amount
TO a delivery of the contents of the trunk, al
though the donor de igned that such delivery
should be effected thereby. ,- -, :,
When gift cGas0 morris is claimed. tne Ju-
dicial confidence is strengthened by proof tilas
abe intention to give existed for long perioa
before the act of giving, and especiaLy SO II
such intention is proved by writing under tlie
donors own hand.
An old and illiterate man with no other fam-
ly than anillegitimate daughter SO years old at
and in other ways manifested strong affection
for such daughter. and she was and for some
time had been the only occupant ~ fs mouse
years made her his principal confident i'll his
business matters and had frequently minated
in his letters that she would some day receive
his property or the bulk Uf it, HIS estate con-
sisted mostly of stocks, bonds and savings
bank books ,ons Of a ths value S!. b Of
kept kept in a small portable cupboard in the room
where he lived. During his last sickness while
expecting death, he gave her from his pocket
two wallets, containing Sl50 in money, and the
the money and the cupboard and all that was
in if. She thereupon unlocked the cupboard in
his presence, he seeing what she did,. and after
some hasty handling and examination of the
papers, she locked them in the cupboard again.
ever after during his sickness keeping the Key
in her own pocket. Soon after this on the
same day she placed some yaluables OF her oW
in the same cupboard. He had physical
strength enough to have got from his bed and
taken the articles and passed them to her by
this act
Held, That the jury were authorized on these
facts to md sufficient actual delivery 10 con-
Where the administrator of donor wrong
fully converts property of the donee to the use
OF the estate of the donor, upon the beilei maj
the property was not legally given by the
donor to the donee. he is personally liable 10
the donee for such conversion.
Where neither party to an action appears Dy
the record to be an executor or administrator.
nor is made (by the order OF COURT party as
an Aeir OF a deceased party, either party may
testify in his own behalf
Motion and exceptions Overruled.
Fessenden l. Day, executor in equity, VS.,
Frank Lacasse ct ais.
:; Rescript by Judge Foster. "A deed to be ne-
livered fu escroW must be delivered to a STRAIT
ger, to be by him delivered, upon the happen
ing of ,me contingency or upon the perform
ance OF some condition and the deed becomes
such second delivery
1t cannot be delivered in escro0 to the agent
or attorney of the grantor, nor to the agent OF
attorney of the grantee.
Where deed from the grantor and a mort,
gage from the grantee are made in pursuance OF
verbal contract of sale of real estate, but not
delivered, they cannot be used as memoran
dun within the statute of frauds upon which to
enforce specific perfomance in equity
Appeal sustained.
Decree of the court below reversed.
Bill dismissed with cots.
FRANKLIN COUNTY.
State VS.. Clarence M. Eaton.
Resc jpt by Judge Foster.-Upon an lndict-
ment for keeping place resorted to for the pllr-
pose of gambling it is not necessary that the
government should satisfy the jury that the re-
spondent kept the place for the SOLE. purpose or
even the principal purpose of gambling.
If the parties Went there to obtain beer, ana
as an inducement to and as means of obtain,
ing it, they resorted to a gambling device. and
this was allowed by the respondent. then he
would be guilty.
Whether the place was one resorted to for the
purpose of gambling was for the Jury to deter-
mine. Exceptions overruled. Judgment for
the state.