Barnhouse v. Dewey

Citations

• 83 Kan. 12
• 109 P. 1081
• 1910 Kan. LEXIS 463

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Gift — Inter Vivos — Delivery. To make a complete gift of personal property, inter vivos, there must be a delivery of the property from the donor to the donee or to some person for him.</p> <p>2. - Possession Retained by Donor as Trustee. Where a donor decides to give to another a certificate of shares in a building and loan association and to make the payments thereon for the donee until maturity, and causes such certificate to be issued in the name of the donee, retaining possession thereof himself, and makes the subsequent payments thereon in the name of the donee, but at all times regards the certificate as the property of the donee and his possession as that of a trustee for such donee, the delivery to himself as trustee of the donee will be held sufficient to complete the gift.</p> <p>3. Stock Certificates — Assignment—Indorsement in Blank— Possession — Prima Facie Evidence of Ownership. A certificate of shares in a building and loan association, assigned by indorsement in blank upon the back thereof by the person to whom it was issued, will prima fade, as between the parties themselves, constitute the vendee and holder thereof the owner of such certificate.</p>