Hess v. Hartwig

Citations

• 83 Kan. 592
• 112 P. 99
• 1910 Kan. LEXIS 588

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Transactions with Persons Since Deceased — “Party.” No one is disqualified as a witness by reason of his interest in the result of a litigation, and the term “party,” as used in section 320 of the code of 1909, which prohibits a party from testifying concerning personal transactions and communications with a person since deceased, does not mean or include one not technically a party to the action, however much he may be interested in the result of the action. ■</p> <p>2. Gift — Delivery—Redelivery to Donor as Custodian or Trustee. ■ While a complete and unconditional delivery is essential to the validity of a gift, a constructive or symbolic delivery will meet the requirements of the law; and where there is a delivery the fact that the property may be redelivered to the donor as agent or trustee of the donee, or for safe-keeping, will not nullify or affect the gift.</p> <p>3. -Question of Fact. Testimony relating to a gift held to be sufficient to require the submission of the question to the jury.</p>