60 Minn. 49 | Minn. | 1895
This action was brought by the plaintiff as administrator with the will annexed of the estate of Traugott Richter, deceased, against the defendant, August Richter, to recover on two promissory notes made by the defendant to Traugott Richter, dated May, 1892, one for the sum of $600, and one for the sum of $300, drawing interest, and each falling due April 1, 1893. Traugott
The next and more important question arises upon the indorsements of the notes, their delivery to Karl Augst by Traugott Richter in his lifetime, and the payment by the maker, August Richter, to Karl Augst, and the delivery by him to the maker of the notes so indorsed. The facts are all disclosed by the record. In the view we take of the law, the verbal evidence introduced to show what disposition Traugott Richter desired to have made of the proceeds of the notes by Karl Augst is not material, because this is an action against the maker of the notes, and not against Karl Augst, and the question is whether the maker was justified in paying the notes as he did, or whether he is now liable as maker thereof, irrespective
It is very evident that Karl Augst, whom the defendant claims to be the donee of the notes, could not have legally collected them until after the death of Traugott Richter, the alleged donor, because the indorsement was a qualified one, and it limited the payment to a date subsequent to the death of Traugott Richter. If he could not collect the proceeds of the notes before the death of the donor,, then prior to that time the title did not vest in him, but was both legally and equitably in the donor, becáuse, at any time prior to his decease, Traugott Richter had the right of dominion and control over the notes, and could have recalled them if he chose to do so. The money was not made payable to the donee in prsesenfi, but only upon the happening of a certain event. That event was to be one subsequent to the making of the indorsement, it is true, but the condition upon which the title was to pass was a condition precedent. That condition. which the donor attached to his gift must happen before the-gift could become a completed one by the terms of the indorsement. Under such circumstances, the title to the notes, or the fund represented by them, did not pass to the donee before the death of the-donor. The mere handing or delivery of the notes to Augst did not vest in him the title to the fund represented by them, and as there was1, such a restricted delivery the title to the notes did not thereby pass, for the donor had power to control the fund until after his death. The indorsement, therefore, was only testamentary in its character or effect, and of course void as such. Basket v. Hassell, 107 U. S. 602, 2 Sup. Ct. 415. In the case cited, the instrument was in the following words: “Pay to Marten Basket, of Henderson, Ky.; no one else; then not till my death; my life seems to be uncertain. I may live through this spell. Then I will attend to it myself. [Signed] H. M. Chany,” — and Chany then delivered it to Basket, and died at his-home in Tennessee; and it -was held that Basket by such indorsement and delivery acquired no title to or interest in the fund. It is claimed that a contrary doctriné is held in the case of Haeg v. Haeg, 53 Minn. 33, 55 N. W. 1114. In this case the facts were that Haeg
The order of the court below denying the defendant’s motion for ■ a new trial is affirmed.