Newsome v. Allen

Citations

• 86 Wash. 678
• 151 P. 111
• 1915 Wash. LEXIS 1054

Syllabus

<p>Appeal — Review—Parties Entitled to Allege Error — Waiver. Where, in a law action, appellants demanded consideration of the case as one of equitable’ cognizance, which was granted and acquiesced in by respondent, error cannot be predicated on such action by the court.</p> <p>Girts — Causa Mortis — Delivery—Sueeiciency. There was no sufficient delivery of checks, drafts, notes and certificates of deposit, contained in a safety deposit box, to constitute a valid gift causa mortis, where the donor and her sister, the donee, visited the vault and took the box and contents into a booth, and replaced the papers, which were not so bulky that they could not have passed from hand to hand, and the donor then informed the manager that she was going to a hospital for an operation, and in case she did not come back, the contents “are to be delivered” to the donee, stating to her “here are the keys; in ease I do not come back, you know what to do;” and informing the manager that she made the donee “a partner in the box”; since the delivery was not as perfect and complete as the nature and circumstances of the property permitted.</p>