Shower, Executor v Pilck
| Jurisdiction | England & Wales |
| Judgment Date | 07 November 1849 |
| Date | 07 November 1849 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 1301
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C nominee Sharr v Pilch, 19 L J Ex 113 Referred to, In re Ridgway, Ex parte Ridgway, 1885, 15 Q B D 449, Cochrane v Moore, 1890, 25 Q B D 61, Kilpin v Ratley, [1892] 1 Q B 582
shower, Executoi v pilck Nov 7, 1849 -A mere veibal gift of a chattel to a person m whose possession it is, does not pass any property to the donee [S C nomine Sharr v Pilch, 19 L J Ex 113 Uef err ed to, In 'i e Ridijway , Ef.pa.ite llidgwivy, 1885, 15 Q B D 449, Coehiane v Mooie, 1890, 25 Q B D 61 , Kilpin v tiatley, [1892] 1 Q B 582] Trover for silver plate Plea, (with others) not possessed At the trial, before Wilde, 0 J , at the last Norfolk Summer Assizes, it appealed that the plaintiff's testatoi, whilst residing with the defendant, his daughter-in-law, who then had possession of the silver plate in question, said to het, "1 will give you all the plate that is mine " No dehveiy of any portion of the plate took place Ihe leafned Judge ruled, that the mete verbal gift without delivery, did not transfer the ptoperty, and a verdict was accordingly found for the plamtitt 'O'Malley flow moved to set aside the veidict, and for a new tual, on the ground of misdirection He argued that the case was distinguishable from lions v Smullpiece (2 B & Aid 551)...
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