Edwards

Joseph B. Boody in his lifetime held two bills of exchange that had been drawn in his favor, one by the York National Bank of Maine, upon the Chemical National Bank of New York for five hundred dollars, and one by the Farmers and Merchants’ Bank of Stockton upon the National Bank of the Republic in New York for three hundred dollars. He died intestate November 6, 1893, and the plaintiff, having been appointed administrator of his estate, brought the present action against the defendant to recover the possession of these drafts, alleging that she had taken them into her possession after the death of Boody. The defendant in her answer alleges that Boody in his lifetime transferred and delivered the drafts *377 to her, and that they thereby became her property. The cause was tried by a jury, and a verdict rendered in favor of the defendant. "From the judgment thereon and an order denying a new trial the plaintiff has appealed.

The evidence before the jury was clear and convincing, and without any contradiction, that on the day of his death, and in evident contemplation thereof, Boody transferred and delivered the bills of exchange to the defendant, with the intention that they…

I add my special concurrence to the views of Mr. Justice Harrison expressed in the foregoing opinion, for the reason that I have never considered as sound law the doctrine laid down in Emerson v. County of Santa Clara, 40 Cal. 543 .