In re Wilson

2 Citing cases

  1. In re Stoltz

    283 B.R. 842 (Bankr. D. Md. 2002)   Cited 8 times
    Holding that the diamond ring the debtor received was given as gift in contemplation of marriage, and, thus, was a conditional gift

    If the ring was given as a gift in contemplation of marriage, then it was a conditional gift, presented on the condition of the agreement of the parties to marry, which did not occur. In re Wilson, 210 B.R. 544 (Bankr.N.D.Ohio 1997); Heiman v. Parrish, 262 Kan. 926, 942 P.2d 631 (1997). While Maryland abolished actions for breach of promise by statute in 1945, Miller v. Ratner, 114 Md. App. 18, 688 A.2d 976 (1997), cert. denied, 345 Md. 458, 693 A.2d 355 (1997), the right of a disappointed fiancé to recover possession of an engagement ring given in contemplation of marriage survives because Maryland recognizes the right of a donor to recover a conditional gift. Grossman v. Greenstein, 161 Md. 71, 155 A. 190 (1931); cf. Leemon v. Wicke, 216 A.D.2d 272, 627 N.Y.S.2d 761 (2d Dep't 1995); Vigil v. Haber, 119 N.M. 9, 888 P.2d 455, 44 ALR5th 779 (1994); Mack v. White, 97 Cal.App.2d 497, 218 P.2d 76 (2d Dist. 1950); Gill v. Shively, 320 So.2d 415 (Fla.Dist.Ct.App.4th Dist. 1975), distinguished, Greenberg v. Greenberg, 698 So.2d 938 (Fla.Dist.Ct.App.4th Dist. 1997).

  2. Merrill Lynch Interfunding v. Argenti

    2001 Ct. Sup. 9696 (Conn. Super. Ct. 2001)   Cited 2 times

    No Connecticut cases have been cited or found determining whether a ring given after a marriage can be considered an engagement ring. Cases in other jurisdictions have found that it cannot; see In re: Tiberia, 277 B.R. 26 (Bankr.W.D.N.Y., (1998); and that engagement rings are considered to be conditional gifts made in contemplation of marriage. In re: Wilson, 210 B.R. 544 (Bankr.N.D. Ohio (1997). Dictionaries have various definitions of the term. See Cambridge International Dictionary of English ("engagement ring is a ring, usually with precious stones in it, which a man might give to a woman as a formal sign that they have decided to get married"); Webster's Encyclopedic Unabridged Dictionary of the English Language, 473 (1989) ("a ring, often a diamond solitaire, given by a man to his fiancee at the time of their engagement as a token of troth"); Webster's Third International Dictionary 751 (1966) ("a ring given in token of betrothal").