Druke v. Heiken
Cases that cite this one
9 later published cases cite this decision.
- Hyman v. Tarplee (Cal. Ct. App. 1944)
- Union Supply Co. v. Morris (Cal. 1934)
- Dellepiane v. Hynes (Cal. Ct. App. 1927)
- Mellor v. Bank of Willows (Cal. 1916)
- Wills v. Fuller (Okla. 1915)
- Hillman v. Young (Or. 1912)
- Varley v. Sims (Minn. 1907)
- Edwards v. Wagner (Cal. 1898)
- Leyson v. Davis (Mont. 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
If a promissory note payable to order and not indorsed, is the subject of a gift, causa mortis, the judgment appealed from must be affirmed, for there is uncontradicted evidence that such a note was given by the decedent as a donatio causa mortis to Margaret Heiken, one of the defendants in this action. The authorities cited by respondent’s counsel are somewhat numerous, and all support their contention “ that a promissory note payable to order and not indorsed, is the subject of a gift causa mortis.”
Section 3101 of the Civil Code has not changed the rule in regard to the transfer of negotiable instruments payable to order by indorsement. The assignment of the note carried the mortgage with it.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.