153 Iowa 655 | Iowa | 1912
In January, 1908, Peter E. Smith, who was living with his son, the plaintiff in this ease, was the owner of two hundred and five shares of the corporate stock of the National Grocer Company, a corporation hav-. ing its principal place of business, in Detroit, Mich.; each of such shares being of the par value of $100. There was testimony tending to show that about that time the father took the certificates representing this stock from a box in which he was in the habit of keeping his private papers in his own room at his son’s house, and handed them to his son, with the statement that the son was to have them on
A delivery of certificates of stock into the hands of an intended donee, with the purpose of at once transferring to him the right of ownership in such stock, is sufficient to consummate a gift thereof, although no transfer is recorded on the books of the corporation. Tucker v. Tucker, 138 Iowa, 344.
A formal transfer or assignment by indorsement on the certificate is not essential where the intention is to pass title by delivery. Gilkinson v. Third Ave. R. Co., 47 App. Div. 472, (63 N. Y. Supp. 792) ; Reed v. Copeland, 50 Conn. 472, (47 Am. Rep. 663) ; Bond v. Bean, 72 N. H. 444, (57 Atl. 340, 101 Am. St. Rep. 686) ; Brown v. Crafts, 98 Me. 40, (56 Atl. 213) ; First National Bank v. Holland, 99 Va. 495, (39 S. E. 126, 55 L. R. A. 155, 86 Am. St. Rep. 898). This is also the rule as to negotiable paper. Camp’s Appeal, 36 Conn. 88, (4 Am. Rep. 39) ; Walker v. Crews, 73 Ala., 412.
In conclusion on this branch of the case, it is sufficient to say that there was evidence of a contemplated gift and nothing in the record to rebut the case thus made out.
The judgment of the trial court is reversed.