Briviesca v. Coronado

TRAYNOR, J.- —

Plaintiff, administratrix of the estate of Luz Briviesca, brought this action to quiet title to two par-

[246]

eels' of real property and a sum of money on deposit in a bank, claimed by defendant. The trial court entered judgment for defendant, excepting a one-half interest in one of the parcels of real property, and plaintiff has appealed, challenging the sufficiency of the evidence in support of the judgment.

Luz Briviesca, the deceased, was injured in an automobile accident. Shortly before his death he stated to his employer that he was about to die, signed a check payable to defendant for the balance of his bank account, and requested the employer to deposit the check to defendant’s account as her agent in the same bank upon which the check was drawn. The employer, acting as agent for defendant, entered the bank just before closing time, opened an accoiuit in the name of defendant by depositing the check, and received a deposit slip in the name of the defendant. The rubber stamp endorsements on the check and the entry of defendant’s account in the bank’s ledger were both made the following day. The deceased died a few hours after the deposit was made.

Plaintiff contends that the execution of a check in favor of defendant cannot constitute a valid gift passing title to the funds on deposit to defendant before acceptance or payment by the bank, and that the death of decedent before the check was endorsed or the account entered in the ledger revoked the check before acceptance or payment.

The check, however, was deposited in the drawee bank to the account of defendant-payee before the death of the donor. This deposit constituted payment of the check by the bank to the defendant, thus completing the gift before the death of the donor. It is well settled that if the payee deposits the cheek in the drawee bank in his own name, he thereby receives payment of the check.

(Utah Const. Co.

v.

Western Pacific Ry. Co.,

174 Cal. 156, 164, 165 [162 Pac. 631].

Greenzweight

v.