Gagne v. Hayes
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1947, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- The Laura Baker School v. Pflaum (Minn. 1947)
- Owens v. Owens (Minn. 1940)
- Quarfot v. Security National Bank & Trust Co. (Minn. 1933)
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
Action against an executor for an alleged conversion of bonds claimed to have been the subject of a gift inter vivos from the testator to plaintiff. After a trial without a jury and a decision for defendant, plaintiff appeals from an order denying her motion for a new trial.
Any detailed discussion of the evidence would be out of place. The most that is shown is that during his last illness the testator expressed an intention to give the bonds in question to plaintiff. He said he wanted her to have them. It is clear, however, that he intended to procure an adjustment under certain outstanding commitments for the purchase of other bonds before consummating the *414 gift. There was no delivery, actual or constructive. The intention to make it does not consummate a gift. To accomplish that there must he a delivery, actual or constructive, of the subject matter. The donor must part finally with dominion over the property. For cases in point see Dun. Dig. § 4026.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.