In re Chapman

N.D. Illinois

In re Chapman

105 F. 901, 1900 U.S. Dist. LEXIS 49

CourtDistrict Court, N.D. Illinois

DecidedNovember 24, 1900

DocketNo. 2,144

StatusPublished

This text of 105 F. 901 (In re Chapman) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Chapman, 105 F. 901, 1900 U.S. Dist. LEXIS 49 (N.D. Ill. 1900).

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Opinion

KOHLS A AT, District Judge.

This matter comes on to be heard upon exceptions to the allowance by the referee of the claim of the wife of one of the bankrupts, filed against the partnership estate., The transaction by which the wife claims to have acquired the money, upon which is based her claim, amounts in law simply to a promise of a gift to her by the husband. ' Instead of the gift being consummated by a delivery to her, the husband lent the sum tp the bankrupt firm, executed the notes of the firm for the amount, payable t9 his wife, and placed said notes in his private drawer in the safe of the firm, where they remained until after the institution of these bank; ruptcy proceedings. In my opinion, this does not amount in. law, to a delivery which would render consummated and enforceable' an intended gift. The ruling of the referee is reversed, and the claim disallowed

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KOHLS A AT, District Judge.

This matter comes on to be heard upon exceptions to the allowance by the referee of the claim of the wife of one of the bankrupts, filed against the partnership estate., The transaction by which the wife claims to have acquired the money, upon which is based her claim, amounts in law simply to a promise of a gift to her by the husband. ' Instead of the gift being consummated by a delivery to her, the husband lent the sum tp the bankrupt firm, executed the notes of the firm for the amount, payable t9 his wife, and placed said notes in his private drawer in the safe of the firm, where they remained until after the institution of these bank; ruptcy proceedings. In my opinion, this does not amount in. law, to a delivery which would render consummated and enforceable' an intended gift. The ruling of the referee is reversed, and the claim disallowed

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Bluebook (online)

105 F. 901, 1900 U.S. Dist. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chapman-ilnd-1900.