206 F. 57 | 8th Cir. | 1913
Mrs. Foley sued Harrison, the administrator of Medley, deceased, in a state court in Kansas City, Mo., to recover the contents of a safe deposit box consisting of mortgage securities and money. She claimed they were given her by Medley in anticipation of his death, which soon followed, and that the gift was accompanied by the delivery to 'her of his keys. A verdict in her favor was vacated, and. a hew trial was awarded, by that court. On her ap.peal to the Supreme Court of the state the order was affirmed. Foley v. Harrison, 233 Mo. 460, 136 S. W. 354. When the case went back for retrial, she dismissed it without prejudice, and at once commenced the present action for conversion in the federal court. A trial in that court also resulted in her favor, and Harrison prosecuted this writ of "error. .The questions here are whether, assuming the evidence for plaintiff to be true, the delivery of the contents of the safe deposit box, • necessary in gifts mortis causa, could be effected by handing over the ■keys, and whether in this case there was sufficient evidence of the fact of gift/''
The judgment is affirmed.