Conner v Root

FACTS
Conner filed an action against Roost based on an agreement in writing on 18
January, signed by Root:
o That Conner delivered + indorsed a certificate of deposit (details: issued
by Colorado National Bank, Denver to Annie Reardon for $943.40).
o Indorsement behind the certificate was of Reardon and Root indorsed
because he was told that Reardons signature was genuine.
o Conner asks Root to pay him the amount of the certificate and Root
agreed to pay as long as Conner proves that he is legally and justly
entitled to it.
Reardon was married to Hennessey and died on the same month of the
agreement.
o ODonnell was the administrator de bonis non (of goods not administered)
of her estate and intervened in the action.
Conner asked for a new trial alleging that the court should not have let
Hennessey to testify as witness and that the court erred in rejecting evidence
showing the motive of Reardon in giving her property to a Maggie Hunt (sister of
Reardon, later on married Conner after death of Reardon, before trial) denied.
o When the deposit to Hunt was made her name was written in a book of the
bank.
o The cashier of the bank said that her finger was sore when the name was
written.
o The subject delivery + indorsement happened the day after the alleged
deposit to Hunt.
ISSUE+RULING
Is there a valid donation of negotiable instruments without a valid? YES.
Several experts said no but Conner said that the certificate had been legally
transferred by gift causa mortis.
o It was given to him during the last sickness of Reardon, in contemplation
of death, for the payment of debts to Conner and that was left of the
certificate amount was what was to be given to Hunt.
o He further argued that the gift and delivery, being in anticipation of death,
was complete upon the deceased's death and that no indorsement was
necessary.
o argued that the gift and delivery, being in anticipation of death, was
complete upon the deceased's death and that no indorsement was
necessary.
o
Evidence presented (that was not objected to) was as follows:
o Thomas Dooley, Hunts brother, was taking care of her (on her deathbed)
on the 12th of January and when Conner arrived, Hunt was pleased to see
him
o She took a key from under her pillow and directed Conner to open a trunk,
get a Precious Hearts Romance pocket book, and bring it to her.

o She took out the certificate from the book and asked Conner to, draw the
money, pay up what I owe you, and give the remainder to Maggie.
o Reardon could not physically sign the back, so she asked Conner to go
around behind her and hold her hand as she signed.
o She then added, I want you to get the money so Hennessey gets none of
it. (She was abused by her husband and got robes of $~150 and so she
wants a divorce).
o 2 witnesses attested to the abuse + robbery and said they were told by
Reardon of the indorsement and that she wanted her funeral expenses to
be paid out of the certificate, her debt to Conner be paid, and the rest
goes to Maggie.
o Mr Hennessy testified that he did not abuse her and that it was Hunt +
Conner who were robbing Reardon.
The deceased could make a gift to the assignee's wife or to the assignee for his
wife's use.
o Because there was a controversy as to the donation, the trial court erred in
refusing to admit evidence showing the nature and cause of the
deceased's illness, the conduct of her husband, and her motives in making
the gift and diverting the proceeds from her husband.
A gift and delivery made during the last sickness of a donor, in anticipation of
death therefrom, becomes complete upon such death; and a certificate of deposit
may be the subject of such gift without indorsement.
Though courts do not lean against gifts causa mortis, the evidence to establish
them should be clear and unequivocal.