...constructive delivery doctrine has not worked a great hardship upon the conduct of commercial transactions." 274 A.2d at 118...concepts of constructive possession and constructive delivery). The trial court specifically stated, "The Court adopts by...status under a theory of constructive possession of a negotiable instrument. The court of appeals partially reversed the trial court's grant of...

...the last day of the school term. The court concludes that Martinez was notified of her nonretention by constructive delivery within the statutorily mandated period because the notice was actually delivered within the time in which she would have received notice had it been sent by registered mail postmarked on the last day of the term. I believe the court misapplies the constructive delivery doctrine. Further...(1972). The court frames the issue in terms of constructive delivery. Decisions involving constructive delivery clearly indicate that the doctrine relates to the method of...delivery. Since Martinez was notified of her nonretention by the method of actual delivery, the constructive delivery doctrine is irrelevant. Constructive delivery is unrelated to the timing of...

... NEGOTIABLE INSTRUMENTS — UNIFORM COMMERCIAL CODE — Holder — Possession Of Negotiable Instrument By Holder May Be By Actual Or Constructive Delivery Of Same — Code (1964 Repl. Vol.), Art. 95B, Secs. 1...constructive delivery to the payee, who consequently could enforce the note as a "holder" thereof. pp. 122-127 NEGOTIABLE INSTRUMENTS — UNIFORM COMMERCIAL CODE — Presentment And Notice Of...constructively or otherwise. No question of constructive delivery was involved in the case. This Court recognized and applied the concept of constructive delivery in regard to negotiable instruments...

...[ 22 A.2d 821] (1941). Appellees contend that there was "constructive delivery" of the "gifts" to appellees; hence, the "gifts" were valid. According to appellees, the constructive delivery doctrine is...gift) unless Ms. Meredith asked him to do so and, according to the evidence, she never did. There was no constructive delivery. III. Constructive Trust Appellees argue that the Orphans Court's allowance of their claims should be affirmed based on the "doctrine of...because of the appellant's conduct? 3. Would it have been an error for the Orphans Court to rely upon the doctrine of constructive trust, as it would be inequitable for...

..., regardless of whether it received copies of them, for four reasons: (1) delivery was not required for the policies to take effect; (2) even if delivery was required, under the doctrine of constructive...as its agent at the time he received the policies. But even assuming that Mondo was the Trust's agent at the pertinent time, the doctrine of constructive delivery is inapplicable under the facts of this case. The doctrine of...constructive delivery provides that the unconditional delivery of an insurance policy to the insured's agent constitutes delivery to the insured. See 43 Couch on Insurance (3d Ed.) § 14:15; Am. Jur. 2d Insurance § 243 (2010). Because unconditional delivery is required, the doctrine does...

...reflected in the sales factor used to apportion income to Oregon. Notwithstanding the "constructive delivery" doctrine applied to offsets, Plaintiff's hedging transactions do not result in physical...physical delivery of the commodity, courts have treated the offsets as constructive delivery and therefore sales. See Board of Trade of the City of Chicago v. Christie Grain and Stock Co...designated dates, a carefully specified 'lot' of a commodity meeting the quality and delivery conditions prescribed by the commodity exchange, with cash settlement on delivery date at a settlement price to be...

..., because: (1) the doctrine of constructive delivery is recognized under our state laws; and (2) defendant was guilty of acting in concert when he was present at the scene of the crime and acted with another...delivery or constructive transportation. We disagree. The doctrine of constructive delivery is recognized under our state laws. For example, the offense of delivery of a controlled substance is defined as..."the actual constructive, or attempted transfer from one person to another." N.C. Gen. Stat. § 90-87(7) (1999). Our courts have also recognized the concept of constructive delivery. See State v. Creason, 313 N.C. 122, 129, 326 S.E.2d 24, 28 (1985); State v. Thrift, 78 N.C. App. 199, 201, 336 S.E.2d 861, 862 (1985), disc. review denied, 316 N.C. 557, 344 S.E.2d 15 (1986). Thus, defendant's argument that there is no doctrine of...

.... Proc., §§ 10, 12, 12a.) After reviewing the history and development of the constructive-filing doctrine, the appellate court agreed with defendants that the prison-delivery...the constructive-filing doctrine and its prison-delivery rule to self-represented prisoners who delivered a notice of appeal from a criminal conviction to prison officials anytime within the then...delivery of his notice of appeal to prison authorities "constituted a constructive filing within the prescribed time limit and satisfied the jurisdictional requirement as contemplated by law." ( Slobodion...

...presumption of delivery and the doctrine of constructive notice (under which an alien may be charged with receiving notice when the hearing notice was sent to the last address provided to the...received the notice changing the date and time of her hearing. The IJ denied her motion to reopen the proceedings for lack of notice, applying a presumption of delivery and the doctrine of constructive...the IJ invoked the doctrine of constructive notice based solely on the government's alleged compliance with the statutory mailing requirement and the success of other mailings to Perez-Portillo and...

...decline to follow Schexnider, because we decline to graft the doctrine of constructive delivery onto the direct action statute. However, Schexnider is also factually distinguishable. In...Schexnider v. McDermott International, Inc., 688 F. Supp. 234 (W.D.La. 1988). In Schexnider, the Court found `constructive delivery' in Louisiana when the...of "constructive delivery": [Plaintiff] argues that it contravenes public policy to allow a company with significant and ongoing business contacts with the...

...the "binder," the typewritten policy being nothing more than a mere memorial of the then existing agreement. Since plaintiff was entitled to his policy as of August 18, 1959, a constructive delivery occurred on that date. The court concluded that the insurance policy was, therefore, issued and delivered to plaintiff prior to September 18, 1959, the effective date of Insurance Code section 11580.2 Plaintiff maintains that the evidence was insufficient as a matter of law to permit the application of the doctrine of...mathematical formula computations of premium charges, and that the doctrine of constructive delivery was therefore applicable, is not supported by the evidence. There is a distinct...entitled to the policy on August 18, the date he was given the binder, and the doctrine of constructive delivery as of that date is inapplicable. This was not a case of deferred delivery to permit...

...decisions. Far as the doctrine of constructive delivery has been sometimes carried, I have been unable to find any case, that comes up to dispensing with all acts of parties, and rests wholly upon...the doctrine of those cases that have carried the principle of constructive delivery to the utmost limit. Thus, in Searles vs. Keeves (2 Esp. R. 598) a case which arose at a period.... I am aware that there are cases in which it has been adjudged, that where the articles sold are ponderous, a symbolical or constructive delivery will be equivalent in its legal effect to an actual...

.... In this interlocutory appeal, we affirm the Court of Chancery's holding that the transfer of a share of corporate stock was valid although only a constructive delivery of the share took place. In so holding, we find that Article 8 of the Uniform Commercial Code (UCC), as it existed in 1979 in Delaware, did not displace the doctrine of...., 484 A.2d 1008 (1984)). Following the dictates of Acierno and 6 Del. C. § 1-103 (UCC), the viability of constructive delivery as a method of validating the transfer of corporate stock hinges on whether Article 8 of the UCC, as it existed in 1979, specifically displaced that doctrine. 6..., 164 (1984) (holding that UCC provisions preclude a constructive delivery). VI. We find that Article 8 of the UCC (as it existed in 1979) did not displace common law constructive delivery. There is nothing in the text of 6 Del. C. § 8-313 (UCC) or in its legislative history to indicate that it displaced that common law doctrine. The...

..., 54 So.2d 654. III. As to delivery. The doctrine of constructive delivery is well established in...this state: "By the grantor's actual overt act in the delivery of a deed to the clerk to be recorded in the public records, the delivery is as complete, so far as delivery is concerned, as if there had...been a manual delivery by the grantor into the very hands of the grantee." Griffith C.J., concurring in Wilburn v. Wilburn...

.... Fortunately, two longstanding jurisdictional principles offer guidance: the doctrines of mixed contracts and constructive delivery. 2. Doctrine of Mixed Contracts...Brocsonic and Maersk shifted from that of shipper-carrier to that of consignee-warehouseman. To do so, we turn to the doctrine of constructive delivery...no more maritime in its nature than the nonmaritime contracts for winter wharfage."). 3. Constructive Delivery The passage of substantial time...

..."rightfully or wrongfully". There can be no bailment without delivery of the subject matter of the bailment, but the doctrine of constructive delivery is recognized in this...of immediate possession — Necessity — Bailments — Constructive delivery — Bailee — Possessory lien — Restatement, Security. 1. Replevin is an action undertaken to regain...constructive or symbolic delivery of the subject matter may be made to effectuate the bailment. [220] 4. In a replevin action in which plaintiff's right to possession of the goods depended...

...doctrine of constructive delivery is well recognized. In Copeland v. R. Co., 76 S.C. 476, 57 S.E., 535, the Court approved the following charge of...then the company would be liable." If constructive delivery in the more drastic relation of common carrier be recognized, there is no reason why it...usage to receive goods left there for transportation by it, such a deposit, in the usual and accustomed manner, would be constructive notice, and would be regarded as sufficient delivery, though the...

...title documents—ordinarily a deed—must be delivered by the grantor to the grantee. An exception to the requirement of actual delivery is found in the doctrine of constructive delivery...actions were effective to transfer title under the doctrine of constructive delivery. Appellant argues that “constructive delivery of a deed occurs when the husband deeds his property to himself and his...constructive delivery of a deed by Daniels to his wife, appellant, Lana Daniels. Hence, the court, after a bench trial, entered judgment for appellee, Brenda Daniels, Personal Representative of the Estate of...

...fails to forthwith deliver the policy to the insured, then receipt of the policy by the agent constitutes constructive delivery to the insured. Alabama recognized the doctrine of constructive...requests for the affirmative charge. Appellee raised the point of constructive delivery but consideration of that question is not necessary in view of our holding supra..., Gillon Young and Foster Etheredge, Birmingham, for appellant. There can be no binding delivery of life insurance policy after insured's death. Metropolitan Life Ins. Co. v. James...

...prison-delivery rule (as described in Dailey) as representing an integral component of California's constructive filing doctrine (see In re Benoit...to have resulted from the negligence of prison authorities. We therefore held that the prisoner's delivery of his notice of appeal to prison authorities "constituted a constructive filing within the...prisoner's delivery of the notice to the prison authorities. Nonetheless, the court upheld the notice, observing: "We can see no good reason why [the constructive filing] theory should not apply to the...