Salmon v. Pittenger

New Jersey Court of Chancery

Salmon v. Pittenger

193 A. 843, 122 N.J. Eq. 165, 21 Backes 165, 1937 N.J. Ch. LEXIS 70

CourtNew Jersey Court of Chancery

DecidedJune 24, 1937

StatusPublished

Cited by2 cases

This text of 193 A. 843 (Salmon v. Pittenger) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salmon v. Pittenger, 193 A. 843, 122 N.J. Eq. 165, 21 Backes 165, 1937 N.J. Ch. LEXIS 70 (N.J. Ct. App. 1937).

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Opinion

The burden of proving the existence of the prescribed elements indispensible to a valid gift inter vivos by evidence that is clear, cogent and convincing, is upon the one who asserts and seeks to establish the same.

A gift can only be established by proof showing, first a donative intention on the part of the donor; second, delivery of the subject-matter of the gift; third, that the donor has stripped himself of all ownership and dominion over the subject-matter of the gift. Swayze v. Huntington, 82 N.J. Eq. 127; affirmed, 83 N.J. Eq. 335; Mullen v. Mullins,130 Atl. Rep. 628; affirmed, 98 N.J. Eq. 727; Page v. Afflerbach,102 N.J. Eq. 390; affirmed, 104 N.J. Eq. 489; Reeves v. Reeves,102 N.J. Eq. 436; Kirkpatrick v. Kirkpatrick, 106 N.J. Eq. 391.

In the instant case it is not disputed that complainant purchased the automobile and paid the sum of eleven hundred ($1,100) dollars therefor, and that he caused the bill of sale for the automobile to be put in the name of the defendant. Complainant explains this, saying it was done for his convenience, while the defendant claims the automobile was a gift to him.

The declarations of the alleged donor and those of the alleged donee, written or otherwise, tending to show the existence of a state of mind and purpose wholly inconsistent *Page 167 with the making of such a gift, may, together with all other evidence bearing thereon, be considered by the court, in arriving upon its determination, as to what the alleged donor's intention or state of mind was at the time of his having made the alleged gift. Such declarations when considered by me together with the other evidence in the case, particularly the letter written by the alleged donee to the alleged donor, April 26th, 1937, leads to the conclusion that no gift of the automobile was intended by the donor and that the defendant so understood at the time the title thereto was put in his name. First National Bank v.Rutherford Trust Co., 109 N.J. Eq. 265.

There will be a decree for complainant.

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The burden of proving the existence of the prescribed elements indispensible to a valid gift inter vivos by evidence that is clear, cogent and convincing, is upon the one who asserts and seeks to establish the same.

A gift can only be established by proof showing, first a donative intention on the part of the donor; second, delivery of the subject-matter of the gift; third, that the donor has stripped himself of all ownership and dominion over the subject-matter of the gift. Swayze v. Huntington, 82 N.J. Eq. 127; affirmed, 83 N.J. Eq. 335; Mullen v. Mullins,130 Atl. Rep. 628; affirmed, 98 N.J. Eq. 727; Page v. Afflerbach,102 N.J. Eq. 390; affirmed, 104 N.J. Eq. 489; Reeves v. Reeves,102 N.J. Eq. 436; Kirkpatrick v. Kirkpatrick, 106 N.J. Eq. 391.

In the instant case it is not disputed that complainant purchased the automobile and paid the sum of eleven hundred ($1,100) dollars therefor, and that he caused the bill of sale for the automobile to be put in the name of the defendant. Complainant explains this, saying it was done for his convenience, while the defendant claims the automobile was a gift to him.

The declarations of the alleged donor and those of the alleged donee, written or otherwise, tending to show the existence of a state of mind and purpose wholly inconsistent *Page 167 with the making of such a gift, may, together with all other evidence bearing thereon, be considered by the court, in arriving upon its determination, as to what the alleged donor's intention or state of mind was at the time of his having made the alleged gift. Such declarations when considered by me together with the other evidence in the case, particularly the letter written by the alleged donee to the alleged donor, April 26th, 1937, leads to the conclusion that no gift of the automobile was intended by the donor and that the defendant so understood at the time the title thereto was put in his name. First National Bank v.Rutherford Trust Co., 109 N.J. Eq. 265.

There will be a decree for complainant.

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Bluebook (online)

193 A. 843, 122 N.J. Eq. 165, 21 Backes 165, 1937 N.J. Ch. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salmon-v-pittenger-njch-1937.

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