Newspapers / The Kings Mountain Herald … / Oct. 29, 1964, edition 1 / Page 6
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This Is The Law DELIVERY OK Oil TS A man, in company of his wife, daughter. anil several friends standing on the piazza of his home, pointed to a colt anil said to his daughter: "That is your pro|»ertj I give it to you." The <s»lt was afterwards known as the child's property by the fami ly and neighbors. The father link > are of the profierty and it was never out of his possession. Was there a gift of the colt to the daughter? No. The North Carolina Su preme Court held that the in tended gift failed because there was no delivery of the colt to the daughter. There was not a i hange in possession. The donor did not part with dominion over the colt in a way effective to transfer it to his daughter. Situ e the title t> tile Colt did no pass to the daughter the fatliei may sell the colt or his creditors may seize it In satisfy their judg ments. The lather tna\ deliver it as a gift to anothei or iM-queath it as a gift in his will to an dher If ordinary articles of personal property a it* lo Im- orally given to another, the law rrquim ihat the same Im- physirially delivered to the donee with a donative in lent. When the things to Im- given are not present, or. where pres »-nt, are unc.ipable of manual d« •livery h< van sc of their si/e or weight. a “construetive delivery is sufficient. A constructive delivery occurs when the d »nor delivers the only means by which |>ossessinn and ci ntrol of tin- .u ti le can Im- oh tained. Most of the cases of eon struct ive dcli\erv have .a-er. those whi re there w as a delivery of the key to a Im>\ or other re < eptaele containing property. But when the articles are present aiid capable of manual delivery, th»- delivery of a key is insuffi cient There may he a valid gift of pel s inal pro|M-rty, inciccompan ied by a delivery ol the piojx-rty. if there is executed and delivered to the don't- a signed instrument of transfer. Adams i- ves to Burton, one of his employees, a wat It and tells him t > prest-nt it as g.ft to Col lins. Burton delivers the watch: hut unknown to cither Burton <•: ('.•llins. Adams has died one hour lM-fore the delivery of the watch. May the fxecut >r of Adams’ es late recover the watch from Col litis-.’ Yes. Adams in this case w is act in/ as the agent of his cm plover-pi incipai. and under the law of North Carolina the death of the principal instantly termi nates the authority or power of the agent. The gift was not con summated by a delivery during the life! me of the donor. If Burton had delivered the watch to Collins before the death of Adams, it would have been a valid g'ft. It would als.i h ue U-en a mi lid gift if tile donor hail delivered the watch lo an agent of the do nee or to a third person as trus tee for the don«*e. tarkint; lots Henry Hudson operates a puk ing lot. He eh lrges his rust met.s 1.y the hour for the privih /e of parking on it. His customers are not required lo hand over tnc keys of their cars or to leave CALLING ALL HOME MAKERS By GENE TIMMS WHATS cJEW IN CHAIRS? If yi»u haven't s«*cii the new types <>1 chairs dtirin;; the last fpw \<mis. you'll he ama/cd a it <1 (U'lignti'd at tin- womliT f u 1 improve ments w !i i c h h a v e b e e n marie. K«»r instance, have you seen TIMMS I ho now chairs that both swivel and ruck, re cline i<> many |>ositlons and art" still a\ iliable in every possible style and period? While these ideas tray not all be new. the way they are made and designed will pleas antly surprise you. The great surprise is that they don't look tike swivel chairs or rockers or reolinors used 'n look With tin* new concealed mechanisms they ’ ok Ilk. any other lovely and k omtoriahle cltaii until you sit down and liml yours.-!! float ing on a cloud. Chair m a it u 1 a o l u r e r s through..tit tl.. kountry report sales oi tiicsk* ■ moving chairs” arc gre:i c than evet. Howevet, l< those who still wan; stationary chairs, there is a hi • i i sclck likxt than ever in beautiful, comfortable new chairs. All these i hairs — both “regular" and "moving”—are available iri every .-onveivable style and tubri.. for every room in your home Com< in and try one of thi.«e new "dream chairs” and sec what one of them can do de -orator - wise-, and comfort vv ise. at your home. Remember to tune in "The tlene Timms Show* over \\ KMT every Monday . Wed nesday. and Friday. 7:30* rsdio AM The Mystery Tune is- now- worth S.VkOii. them in IIicm' cars. Ihc attend | .ints merely colic. t the (pes and j at time* designate suitable places .n which to park The drivers o( [the cars do their own parking, iocking them or noi as they wish. Doris Dunn one morning park tier car in the lot When she re turned several hours later it was not there. Neither Hudson nor his attendant* could explain its disappearance. Several weeks later it was discovered by point* in a neighboring county on a lonely road abandoned and wrecked. May (tons Dunn recov* j or anything from Henry Hud 1 son? There are infinite variat.un* in the methods of conducting a | parking lot business. The liahili ! ty of the parking lot owner in most jurisdiction including I North Carolina, depends up >n I the legal relation that has tie^n I created between the car ownei and the parking lot o|>erator Depending upon the facts of the particular case, any one of the following legal relationship* may Is* created: licensoi-licensee, bailor-bailee, anil lessoi lessee. The facts of the particular problem would seem to indicate that the relation of licensor and licensee has been created. As a consequence, D ili* Dunn cannot recover any damages from Hen ry Hudson. 'Hie fact that the key to the car was not required to :.c left in the car or handed to the attend mt is important. The possession ami control of the cai was never dellevered to the parking lot op erator. thereby creating a bail* tnent. Doris Dunn acquired mere ly a license, a privilege to use the land of Henry Hudson for paik mg purposes Since Henry Hud son never acquired legal posses sion and control of the car. he is not responsible for it* theft. The fact he m.ghi have exercised greater care and watchfulness and hove prevented the theft is immaterial. If llcnry Hudson had required his customers to surrender the keys to tin*ir automobiles or to leave them in their automobiles, so that he or his employee could park them at any place of his ch losing and rrove them from time to time during the day as invasion might require, there would have bei n created the le gal relationship of bailor ami bailee. Doris Dunn would ho the hailor and Henry llmlson would be the bailee. Henry Hudson, as bailee, would ,.e in possession and eon'rol of tile automobile. Th«> law imp >ses on a paid bailee the duty to exercise ordi nary care In res poet to property in his exclusive possession. A failuie on his put to do so is negligence If a parking I it operator rents to a person by the month a de signated space for his exclusive use. there would be created the relationship of landlord and ten ant. A landlord is not responsi ble for thefts ftom land he has leased to a tenant. Girl Scout News tlirl Smut' in Troop .1 met Fri day -it thi Boyce Memorial ARP church to discuss requirements for the hiker badge. They plan ned a hike to l.ake Crawford and the Battleground for October 2-1 Each patrol was given an as signment to be reported October 23. Scribe. Rita Crawford Leader Mrs. Jim Pursley Circus Returns To Charlotte Od. 28 - Nov. 1 CHARLOTTE. X. C. - The Kingling Brothers. K.irnum & Bailey Circus, which makes its first appearance here in eighteen months October 2Nth through .November 1st is a million dollar production. Could you doubt it? The 2.'*t0 costumes user! in tlic f iur i»ig production numbers a lorn- **ost $230,000. Add to that the •arments of special design used hy the hundreds of performers in their acts Elephants don't come for no thing and neither docs the food they eat. There are 22 elephants with the show and the money it takes to feed them isn't hay. Then there are tigers, chimps, horses and dogs. Let one of these highly - trained performers take siek and die and smeone is out a lot of money. These animals are worth a half million dollars in any hank's valut. And the performers them selves. Girls like La Toria. who does 100 overarm somersaults while handing hy a slender wrist. She's worth a king's ransom to October 25-31 Key Club Week | The week of October 25-31 will he observed as Key Club Week in fifty states and three provin ces of Canada. During this week, communities from Miami to On tario will join in thanks and gratitude to their local Key Clubs Key Club International is a Kiwanis • spons<ired high school boys service organization whose members come from the tenth, eleventh, and twelfth grades. In twenty-nine districts throughout the I'nited States and Canada, Key Club International boasts a membership of more than 69.000 in local dubs numbering more titan 2600. The Carolinas District is one of the largest in Key Clubbing, with more than 130 active clubs in North and South Carolina. It has long-since been recognized as one of the most progressive and civic-minded youth organiza any show. The same for Charley Bauman who trains the tigers. Jack Joyce who puts the camels through their paces and the hun dred and one others who thrill and delight thousands of circus fans every working day. Yessir. It's a million dollar show and will he seen in the Charlotte Coliseum for seven thrilling performances. There will be night shows Wednesday through Saturday, single mati nees on Sunday. Tickets are now on sale at the Charlotte Coliseum Box Office or may he ordered by mail. Ticket prices are $1.00, $130. $2.00. $2.50. $300 and $3.50. Chi! dren will be admitted for half price at Friday's matinee only. tions in the South. The Governor of the Carolina* District is Bobby King of Fay etteville, North Carolina. He is assisted by an excellent Board of Directors made up of a secre tarv, treasurer, and ten Lf. Gov ernors, one from each of the ten divisions of the district. Key Clubs have been serving the two Carolinas for more than twenty years. This week gives the people of North and South Carolina a chance to thank these young leaders for a job well done. Key Clubs will continue their efforts in the school, home, and community to augment the Key Club Motto: "We Build.” Coland Horn _» Sunday afternoon services will be held at Shady Grove Bap tist church at 3 p.m. Rev. I. J. Johnson of Iron Station will be the speaker and the service* are under sponsorship of Mrs. Mary Alice Johnson. Sunday night services will be held at 7:30 p.m. with Rev. Kil gore to deliver the message. The service is being sponsored by Mrs. Nellie White. Now Open Kings MountainGarage FORMERLY PUTNAM BROTHERS 909 Grovor Rood • General Auto Repair • Paint A Body Work • Bear Wheel Alignment . — 0 r. H raalbti Senric* Mmvtr-Clfd* KINGS MOUNTAIN GABAGE ' t % f , PHONE 739-3416 900 GROVER ROAD tO:2b)1:!2 I "'Why Not Get a Good Night’s Sleep.. .TONIGHT?” Made Exclusively for Sterchi’s! I SPECIAL —THIS MATTRESS OR BOXSPRING! WEEK NOW MATTRESS OR BOXSPRING! buy uiithNO MONEY DOWN... EASY TERMS! Thick foam padding on each , ;J wide for your sleeping comfort! Gold Crest cradles your body in solid comfort, with its deluxe coil spring construction and electronically tempered posturized unit. Thick foam pad on both sides... one side is beautifully quilted the other smooth, no buttons or tufts. Covered in a flocked cotton ticking treated with dura-fresh for hygienic protection. See this great buy now* . • at Sterchi’s! Fights germs, resist* bacteria, mold & mildew. Retard* odors! Full or Twin Size OPEN EVENINGS BY APPOINTMENT Call Your Friendly Sterchi Salesman — Henderson Herndon I Extra firm...your body straight for a good night's sloop!
The Kings Mountain Herald (Kings Mountain, N.C.)
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Oct. 29, 1964, edition 1
6
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