{
  "id": 8691044,
  "name": "Peter O. Picot, adm'r of Luke Legget, v. Thomas Sanderson",
  "name_abbreviation": "Picot v. Sanderson",
  "decision_date": "1827-12",
  "docket_number": "",
  "first_page": "309",
  "last_page": "310",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Dev. 309"
    },
    {
      "type": "official",
      "cite": "12 N.C. 309"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2478,
    "ocr_confidence": 0.349,
    "pagerank": {
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    "sha256": "e0bb835f3236f180dd3dc269ecac82e4c8ced2db860e9a4e24d7e1aae95825b0",
    "simhash": "1:cf672eef082ddb29",
    "word_count": 423
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  "last_updated": "2023-07-14T19:44:07.907129+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Peter O. Picot, adm\u2019r of Luke Legget, v. Thomas Sanderson,"
    ],
    "opinions": [
      {
        "text": "HenbessoN, Judge.\n-The order for the delivery o\u00a3\u201e the bond is clearly not good, as a payment or satisfaction of the debt, it resembles more the gift of the bond itself; but this it.cannot be, for want of a delivery, which is essential, to a gift. Without a delivery, the transaction is a mere contract or agreement to give, which, being without consideration, cannot be enforced-If the person on whom the order was drawn, had delivered tiie bond, in pursuance of the order, before it was countermanded, the gift would have been complete.\u2014 But the owner, or bis representative, might countermand it. which was done in the present case.\nThe only authority I have seen, which in any measure supports a gift without delivery, is taken from Brooke\u2019s Abridg. (Trespass, pl. 303) there it is said, if A, in London, the owner of goods which are in York, give them to B, and before B has obtained the actual possession, a stranger take them, B may maintain trespass for them. If this be law, it is on the ground, that the action is brought against a stranger, without any revocation on the part of the donor.\nThe executor, by resuming the actual possession, and bringing the present action, has clearly revoked the gift-\u00bb (Withers v. Lys, 3 Ser. Low. 9.)\nPer Curiam. \u2014 Judgment affirmed.",
        "type": "majority",
        "author": "HenbessoN, Judge."
      }
    ],
    "attorneys": [
      "1Jevereux, for tiie Defendant, submitted the case without argument. No Counsel appeared for the Plaintiff."
    ],
    "corrections": "",
    "head_matter": "Peter O. Picot, adm\u2019r of Luke Legget, v. Thomas Sanderson,\nFrom Washington.\nA divery is essential to a gift. Where the obligee gives the obli-gor an order on.his agent for the delivery of the bond, which was not obeyed \u2014 it was held, that the gift being incomplete, might be revolted- \u2014 \u00a1and that resuming the possession and 'bringing suit, was a revocation.\nDebt, upon the single bond of the Defendant, payable to the Plaintiff\u2019s intestate. On the trial, before Marxist Judge, the Jury returned a verdict for the Plaintiff, subject to the opinion of the Court upon the following facts. After the bond became due, the Plaintiff\u2019s intestate voluntarily, and without consideration, drew a\u00bb order on his agent, in whose, hands the bond was placed for collection, directing him to deliver it up to the Defendant. This direction-was not obeyed by the ..gent, who, upon the obligee\u2019s death, banded it to the Plaintiff, by whom this action was brought.\nHis Honor, thinking that these facts.formed no harto the action,'judgment was entered up for the Plaintiff \u2014 : from which the Defendant appealed.\n1Jevereux, for tiie Defendant, submitted the case without argument. No Counsel appeared for the Plaintiff."
  },
  "file_name": "0309-01",
  "first_page_order": 309,
  "last_page_order": 310
}