{
  "id": 5419282,
  "name": "Benjamin Lounsberry, Appellant, v. George Boger, Executor, Appellee",
  "name_abbreviation": "Lounsberry v. Boger",
  "decision_date": "1916-08-10",
  "docket_number": "Gen. No. 6,249",
  "first_page": "466",
  "last_page": "467",
  "citations": [
    {
      "type": "official",
      "cite": "200 Ill. App. 466"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "193 Ill. App. 384",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2883646
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/193/0384-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2083,
    "ocr_confidence": 0.581,
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    "sha256": "bf0c3b9d3fe3a7a345fe8417578df7eb88007cd8f0decebfa7b1e9093823b12c",
    "simhash": "1:99136520403b126a",
    "word_count": 358
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  "last_updated": "2023-07-14T15:50:22.374886+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Benjamin Lounsberry, Appellant, v. George Boger, Executor, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Niehaus\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Niehaus"
      }
    ],
    "attorneys": [
      "Bunge & Harbour, for appellant.",
      "S. L. Rathje and T. H. Slusser, for appellee."
    ],
    "corrections": "",
    "head_matter": "Benjamin Lounsberry, Appellant, v. George Boger, Executor, Appellee.\nGen. No. 6,249.\n(Not to be reported in full.)\nAppeal from the Circuit Court of DuPage county; the Hon. Clinton F. Irwin, Judge, presiding. Heard in this court at the April term, 1916.\nCertiorari denied by Supreme Court (making opinion final).\nAffirmed.\nOpinion filed August 10, 1916.\nStatement of the Case.\nAction of replevin by Benjamin Lounsberry, plaintiff, against George Boger, as executor of the estate of Albert Smart, deceased, defendant, to recover possession of a promissory note which plaintiff claimed was donated to him by decedent prior to his death and wrongfully withheld from him by defendant, as executor.' From a judgment for defendant, plaintiff appeals.\nThe legal questions involved are practically the same as were passed on in Lounsberry v. Boger, 193 Ill. App. 384, a related case.\nAbstract of the Decision.\n1. Gifts, \u00a7 30 \u2014what constitutes valid gift causa mortis. To make a valid gift causa mortis, the owner must not only part with the possession but all control and dominion of the property.\n2. Gifts, \u00a7 34*\u2014what does not constitute gift causa mortis. There is no parting with the control or dominion of a note by a decedent during his lifetime so as to constitute a valid gift causa mortis where a donor of a note\u2014which contained an indorsement signed by the donor that if the note was not paid before his death, it should be paid to the donee, and which was included with other papers in a tin box, to which the donor had the key\u2014 called the donee into his room and expressed his intention of giving him the note after his death and instructed another person to give it to him after the funeral, and gave such other person the keys, and possession of the entire contents of the box was obtained by the executor of deceased after his death.\nBunge & Harbour, for appellant.\nS. L. Rathje and T. H. Slusser, for appellee.\nSee Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0466-01",
  "first_page_order": 488,
  "last_page_order": 489
}