Neither Gift nor Sale – Judge on Denaby Piano Claim

March 1947

South Yorkshire Times March 1, 1947

Neither Gift nor Sale
Judge on Denaby Piano Claim

Giving judgement in favour of Miss Constance’s Kaye, of Tickill Street, Denaby, who claimed £25 for a piano which, she maintained, he had sold to her brother, Ernest Claude Kaye, of Daylands Avenue, Conisbrough, Judge A. C. Caporn, at Doncaster County Court last Thursday, issued a warning.

He said that people who accepted gifts must realise that they might be called on years afterwards to prove that there was the intention to give and not to sell.

Miss Kaye contended that under the will of her mother she became entitled to certain property, including the piano. She was approached by her brother to part with the piano.

Eventually, in July, 1944, he agreed to buy it for £25 and the piano was removed to his home, but no payment had been made, said Miss Kaye.

The brother claimed that the piano was given to him by his sister, who knew that it was his mother’s wish that he should have it. There was no question of payment for the piano, which he now valued at £15.

Saying that he was not satisfied that there was either a sale or a gift, judge Caporn decided that the piano was the property of the sister and ordered its return to her or payment of the value, which he assessed at £20.