Osthaus v. McAndrew

Citations

• 5 Sadler 344
• 8 A. 436

Syllabus

<p>In a feigned issue to try the ownership of the promissory note of a third person, claimed to have been delivered by a decedent as a gift to the holder, it is for the jury to determine whether facts exist showing that the holder took advantage of the gift under circumstances of dependence, feebleness, sickness, or possible shame, on the part of the donor, such as amount to undue influence and deprive the transaction of voluntariness and freedom on the part of the donor and of perfect candor between the parties.</p> <p>Evidence of want of undue influence and of the delivery of the note held sufficient to submit to the jury.</p> <p>Note. — For the province of the jury, where evidence is offered to show* that a conveyance was a gift, see note to Horn v. Buck, post, 480.</p>