symbolic delivery

symbolic delivery
A transaction wherein physical custody is retained by the party who in the reality of the situation should not have possession. A constructive change of possession. 15 Am J2d Chat Mtg § 137. A delivery of goods of such a nature or so situated as to make actual manual delivery impossible. 24 Am J2d Frd Conv § 43. The act of a purchaser or mortgagee of a chattel in merely touching the chattel and declaring his ownership of it. Sloan v National Surety Co. 74 App Div 417, 77 NYS 428. The delivery of the key to a warehouse containing the subject matter in question; the delivery of a bill of lading or warehouse receipt in lieu of the property itself. 41 Am J1st Pldg & Col § 14; 56 Am J1st Wareh § 39. The completion of a gift of property of such nature that an actual manual delivery is impossible, such as an unequivocal declaration of gift, accompanied by a delivery of the only means by which possession of the article can be obtained, by delivery of an instrument making an appropriation of the property to the donee, or other act indicating unmistakably an intent to transfer the property to the donee. 24 Am J1st Gifts § 27.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • symbolic delivery — sym·bol·ic delivery /sim bä lik / n: constructive delivery at delivery Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • symbolic delivery — The constructive delivery of the subject matter of a sale or gift, where it is cumbersome or inaccessible, by the actual delivery of some article which is conventionally accepted as the symbol or representative of it, or which renders access to… …   Black's law dictionary

  • symbolic delivery — noun : the delivery of property by means of a token (as a key or a bankbook) …   Useful english dictionary

  • delivery — de·liv·ery n pl er·ies: an act that shows a transferor s intent to make a transfer of property (as a gift); esp: the transfer of possession or exclusive control of property to another actual delivery: a delivery (as by hand or shipment) of actual …   Law dictionary

  • Symbolic — Sym*bol ic, Symbolical Sym*bol ic*al, a. [L. symbolicus, Gr. symboliko s: cf. F. symbolique.] Of or pertaining to a symbol or symbols; of the nature of a symbol; exhibiting or expressing by resemblance or signs; representative; as, the figure of… …   The Collaborative International Dictionary of English

  • constructive delivery — A symbolic delivery whereby the party to whom delivery is made is clothed with all the usual muniments of title and indicia of ownership, as in the case of the deposit of a warehouse receipt or bill of lading for goods in store or in transit. 46… …   Ballentine's law dictionary

  • Symbolical delivery — Symbolic Sym*bol ic, Symbolical Sym*bol ic*al, a. [L. symbolicus, Gr. symboliko s: cf. F. symbolique.] Of or pertaining to a symbol or symbols; of the nature of a symbol; exhibiting or expressing by resemblance or signs; representative; as, the… …   The Collaborative International Dictionary of English

  • Gift (law) — Property law Part of …   Wikipedia

  • gift — A voluntary transfer of property to another made gratuitously and without consideration. Bradley v. Bradley, Tex.Civ.App., 540 S.W.2d 504, 511. Essential requisites of gift are capacity of donor, intention of donor to make gift, completed… …   Black's law dictionary

  • gift — A voluntary transfer of property to another made gratuitously and without consideration. Bradley v. Bradley, Tex.Civ.App., 540 S.W.2d 504, 511. Essential requisites of gift are capacity of donor, intention of donor to make gift, completed… …   Black's law dictionary

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