Definition of DELIVERY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DELIVERY
The act by which the res or substance thereof is placed within the actual or constructive possession or control of another. Poor v. American Locomotive Co., C.C.A.I11., 67 F.2d 626, 630.
What constitutes delivery depends largely on the intent of the parties. It is not necessary that delivery should be by manual transfer. Miller v. Hospelhorn, 176 Md. 356, 4 A.2d 728, 733.
"Delivery" required in conveyance of personal qhattels as against all but vendor, is delivery in its natural sense; that is, a change of possession. Goodhue v. State St. Trust Co., 267 Mass. 28, 165 N.E. 701, 705.
In General
The transfer from one person to another of the res or a right or interest therein, which means more than physical transfer of possession, Murphy v. Smith, 291 Mass. 93, 195 N.E. 912; Pure Oil Co. v. Evans, 369 Ill. 416, 17 N.E.2d 23, 24. Although in the popular sense, in the case of a contract or lease or the like, it implies a transfer of the tangible contract. Lease, Roberts v. Cyr, 136 Me. 39, 1 A.2d 281, 282; release for injury, Pevesdorf v. Union Electric Light & Power Co., 333 Mo. 1155, 64 S.W.2d 939; check, Irving Trust Co. v. Leff, 253 N.Y. 359, 171 N.E. 569; bank passbook, Brooks v. Mitchell, 163 Md. 1, 161 A. 261, 266, 84 A.L.R. 547.
Absolute and conditional. An absolute delivery, as distinguished from conditional delivery or delivery in escrow, is one which is complete upon the actual transfer of the instrument from the possession of the grantor. Dyer v. Skadan, 128 Mich. 348, 87 N.W. 277, 278, 92 Am.St.Rep. 461. A conditional delivery is one which passes the thing subject to delivery from the possession of the grantor but is not to be completed by possession of the grantee, or a third person as his agent, until the happening of a specified event. Silliman v. Dobner, 165 Minn. 87, 205 N.W. 696, 697.
Actual and constructive. Actual delivery consists in the giving real possession to the vendee or his servants or special agents who are identified with him in law and represent him. Carr v. St. LouisSan Francisco Ry. Co., Mo.App., 284 S.W. 184, 185. It is a formal immediate tradition of the property to the vendee. Bridgham v. Hinds, 120 Me. 444, 115 A. 197, 199, 21 A.L.R. 1024. It contemplates a manual transfer of the property. Callan v. Mutual Life Ins. Co., La.App., 147 So. 110, 111.
Constructive delivery is a general term, comprehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by construction of law, equivalent to acts of real delivery.
Constructive delivery includes symbolic or substituted delivery and all those traditiones fictce which have been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of lien and stoppage in transitu, such as marking and setting apart the goods as belonging to the vendee, charging him with warehouse rent, etc. See In re Nesto, C.C.A.Pa., 270 F. 503. A constructive delivery of personalty takes place when the goods are set apart and notice given to the person to whom they are to be delivered. The Titania, C.C.A., 131 F. 229, 65 C.C.A. 215, or when, without actual transfer of the goods or their symbol, the conduct of the parties is such as to be inconsistent with any other supposition than that there has been a change In the nature of the holding. Swafford v. Spratt, 93 Mo.App. 631, 67 S.W. 701.
Delivery bond. A bond given upon the seizure of goods (as under the revenue laws) conditioned for their restoration to the defendant, or the payment of their value, if so adjudged.
Delivery order. An order addressed, in England, by the owner of goods to a person holding them on his behalf, requesting him to deliver them to a person named in the order. Delivery orders are chiefly used in the case of goods held by dock companies, wharfingers, etc. National Wholesale Grocery Co. v. Mann, 251 Mass. 238, 146 N.E. 791, 793.
Failure to make delivery, see Failure to Make Delivery.
Second delivery. The legal delivery by the depositary of a deed placed in escrow. Thornhill v. Olson, 31 N.D. 81, 153 N.W. 442, 445, L.R.A.1916A, 493, Ann.Cas.1917E, 427.
Symbolical delivery. The constructive delivery of the subject-matter of a sale, 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 it possible, or which is the evidence of the purchaser's title to it; as the key of a warehouse, or a bill of lading of goods on shipboard. Hall v. Kansas City Terra Cotta Co., 97 Kan. 103, 154 P. 210, 212, L.R.A.1916D, 361, Ann. Cas.1918D, 605.
In Conveyancing
The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. Gatchell v. Gatchell, 127 Me. 328, 143 A. 169, 170; Arndt v. Lapel, 214 Iowa 594, 243 N.W. 605, 610; delivery to a stranger, Hall v. Hall, 292 Ky. 772, 168 S.W.2d 10, 14; or depositary, Stalting v. Stalting, 52 S.D. 309, 217 N.W. 386, 389.
In Law of Sales The tradition or transfer of the possession of personal property from one person to another. Bowles v. Beucher, D.C.Mass., 53 F.Supp. 984, 987; delivery of a bill of sale or written evidence of title as sufficient delivery, Smith v. Acorn, D.C. Mun.App., 32 A.2d 252, 255; by carrier, Rice & Lockwood Lumber Co. v. Boston & M. R. R., 308 Mass. 101, 31 N.E.2d 219, 221, 222, 223.
"Delivery" occurs whenever, at time and place fixed by law or agreed on by parties, seller does everything necessary to put goods completely and unconditionally at buyer's disposal. Fox v. Young, Tex.Civ.App., 91 S.W.2d 857, 859.
In Medical Jurisprudence
The act of a woman giving birth to her offspring. Blake v.-Junkins, 35 Me. 433.
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That's the definition of DELIVERY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
