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Druke v. Heiken

GEORGE DRUKE v. HENRY HEIKEN et ux.

Druke v. Heiken, 61 Cal. 346 (1882)
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Court
California Supreme Court · State Highest Courts
Decided
August 28, 1882
Docket
No. 8,259
Citations
61 Cal. 3461882 Cal. LEXIS 613
Syllabus
Gift—Causa Moktis—Note Ratable to Obdeb.—A promissory note payable to order and not indorsed is the subject of a gift causa mortis; and such a gift carries with it the mortgage by which it is secured.
Summary
Appeal from a judgment for defendants in the Superior Court of the County of Sutter. Keyser, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1895: 11898: 11907: 11911: 11912: 11915: 11916: 11927: 11934: 11944: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Hillman v. Young127 P. 793 (Or. 1912)
  2. Leyson v. Davis42 P. 775 (Mont. 1895)
  3. Varley v. Sims111 N.W. 269 (Minn. 1907)
  4. Foley v. Harrison136 S.W. 354 (Mo. 1911)
  5. Union Supply Co. v. Morris30 P.2d 394 (Cal. 1934)
  6. Edwards v. Wagner53 P. 821 (Cal. 1898)

Most recent

  1. Hyman v. Tarplee149 P.2d 453 (Cal. Ct. App. 1944)
  2. Union Supply Co. v. Morris30 P.2d 394 (Cal. 1934)
  3. Dellepiane v. Hynes257 P. 180 (Cal. Ct. App. 1927)
  4. Mellor v. Bank of Willows160 P. 567 (Cal. 1916)
  5. Wills v. Fuller1915 OK 1113, 150 P. 693
  6. Hillman v. Young127 P. 793 (Or. 1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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