Hyperlawhypertext legal database Ferry v. Stephens 12 N.Y. Sup. Ct. 109

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Ferry v. Stephens

12 N.Y. Sup. Ct. 109 Court N.Y. Sup. Ct. English

Judges Present — MulliN, P. J., Smith and Gilbert, JJ.

Delivered by Gilbert, J.

Contents

Majority

p. 109
CYRENA FERRY, Appellant, v. DELAVAN STEPHENS and another, Respondents.

Headnote

Gift — when complete.
Defendants’ devisor, intending to give certain land to the plaintiff, executed a contract for the sale thereof to her, by which she agreed to pay $1,100; subsequently, he indorsed upon the contract a receipt in full, and delivered the same to her, although no money had been actually paid thereon. Held, that the indorsement of the receipt upon the contract, and the delivery thereof to the plaintiff, under the circumstances, constituted a valid gift to her of the debt due thereon, and that she was entitled to maintain an action for the specific performance of the contract against his devisees.
Gray v. Barton ( 55 N. Y. 68 ) followed.
Appeal from a judgment in favor of tbe defendants, entered upon tbe trial of this action by tbe court, without a jury.
p. 110
Halves <& Stevens, for appellant. Wm. JRumsey, for respondents.

Opinion by

Present — MulliN, P. J., Smith and Gilbert, JJ.

Judgment reversed and new trial granted, costs to abide the event.

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