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Pearson against Pearson

New York Supreme Court of Judicature1810-11
7 Johns. 26

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

The validity of the note cannot be supported upon the ground taken at the trial, of its being a gift; for a gift is not consummate and perfect, until a delivery of the thing promised ; and until then the party may revoke his promise. A parol promise to pay money, as a gift, is no more a ground of action, than a promise to deliver a chattel, as a gift. It is the delivery which makes the gift valid. Donatio perficitur possessione accipientis. (Noble v. Smith, 2 Johns. Rep. 52.) The ^question then was upon the delivery and consideration ¡of the note; for if there was no consideration for the note, it was a nude pact, and void as between the original parties to it. This is the true point in issue, and without giving any opinion upon it, to the prejudice of a future inquiry, a new trial is awarded, with costs to abide the event of the suit.