# Wing v. Merchant

> Supreme Judicial Court of Maine · July 1, 1869 · 57 Me. 383

URL: https://www.frixlaw.com/law-library/cases/4931932

## Case

- **Full name:** Paul Wing v. Asahel H. Merchant
- **Court:** Supreme Judicial Court of Maine
- **Decided:** July 1, 1869
- **Citations:** 57 Me. 383
- **Precedential status:** Published
- **Opinion:** Concurrence by Appleton
- **Judges:** Appleton, Barrows, Daneorth, Kent, Taplet, Walton
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4931932

## Opinion text

Appleton, C. J.
I concur in the opinion. Delivery is essential to pass the title to a chattel by gift; but if, at the time, the donee is in possession, as the donor’s agent, he need not surrender it for a redelivery ; if the donor relinquishes all dominion and control, and recognizes the donee’s possession as being in his own right, and the donee so accepts and releases possession with the donor’s consent, it is sufficient. Tenbrook v. Brown, 17 Ind. 410 .

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4931932. Public record. Not legal advice.