Stephen Witt, Administrator of theEffects of Priscilla Floyed, Deceased, against David Amis
| Jurisdiction | England & Wales |
| Judgment Date | 29 April 1861 |
| Date | 29 April 1861 |
| Court | Court of the Queen's Bench |
English Reports Citation: 121 E.R. 655
IN THE COURT OF QUEEN'S BENCH, AND EXCHEQUER CHAMBER.
S. C. 30 L. J. Q. B. 318; 4 L. T. 283; 7 Jur. N. S. 499; 9 W. R. 691: in Equity 33 Beav. 619. See Hewitt v. Kaye, 1868, L. R. 6 Eq. 200; M'Gonnell v. Murray, 1869, Ir. R. 3 Eq. 470; In re Beak's Estate, 1872, L. R. 13 Eq. 491; Moore v. Moore, 1874, L. R. 18 Eq. 485; Cassidy v. Belfast Banking Company, 1887, 22 L. R. Ir. 73; In re Farman, 1887, 57 L. J. Ch. 638; In re Dillon, 1890, 44 Ch. D. 79; Duckworth v. Lee, [1899] 1 Ir. R. 407.
stephen witt, Administrator of the Effects of Priscilla Floyd, Deceased, against david AMIS. Monday, April 29th, 1861.-Policy of insurance. Donatio mortis causa.-A policy of life insurance may be the subject of a donatio mortis causa. [S. C. 30 L. J. Q. B. 318; 4 L. T. 283; 7 Jur. N. S. 499 ; 9 W. R. 691: in Equity 33 Beav. 619. See Hewitt v. If aye, 1868, L. R. 6 Eq. 200; M'Gonnell v. Murray, 1869, Ir. R. 3 Eq. 470; In re Beak's Estate, 1872, L. R. 13 Eq. 491 ; Moore v. Moore, 1874, L. R. 18 Eq. 485; Cassidy v. Belfast Banking Company, 1887, 22 L. R. Ir. 73; In re Farman, 1887, 57 L. J. Oh. 638; In re Dillon, 1890, 44 Ch. D. 79; Duckworth v. Lee, [1899] 1 Ir. R. 407.] Action for the conversion by defendant of certain goods and chattels of Prisoilla Floyd, to wit a policy of assurance, granted by The Kent Mutual Life Assurance [110] Society, for 10001., on the life of the said Priscilla Floyd, and a certain deposit note for 4001., made by the manager of The National Provincial Bank of England, at Southampton, whereby the said bank acknowledged to hold the said sum of 4001. aa moneys of the said Priscilla Floyd. The declaration also contained a count in detinue, in respect of the same goods and chattels. Pleas. 1. Not guilty. 2. Non detinet. 3. That the goods were not the goods of the plaintiff as administrator. Issue on all the pleas. On the trial, before Blackburn J., at the London Sittings after Hilary Term, 1861, it appeared that the defendant and the intestate were engaged to be married, and were living together as man and wife. The intestate was taken suddenly ill; and, while ill, said afterwards, before her death, she gave the policy and deposit note to the defendant, saying, "These are yours ;" expressing a belief that she was dying. The defendant contended that this was a donatio mortis causa. The learned Judge asked the jury whether...
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Amis v Witt
... ... The Plaintiff David Amis claimed, as against the Defendant Stephen tt, the administrator of Prisciller Floyd, a policy of assurance of the ... ...