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, Jones v. Young, Tex.Civ.App., 539 S.W.2d 901, 904; e.g. "deliver" includes mail. Rev. Model Bus. Corp. Act, No. 1.40.

See also drop shipment delivery

- misdelivery.

@ absolute delivery

@ conditional delivery

@ absolute and conditional delivery

Absolute and conditional delivery.

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. 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. One of the exceptions to parol evidence rule which permits introduction of evidence to the effect that document was delivered on condition that something be done and it is understood that document does not become operative until such action be taken.

+ conditional delivery

Issuance of an instrument with the understanding that the instrument is ineffective, that is, the maker or drawer is not liable thereon, unless and until a specified event, i.e., a condition precedent, occurs

@ actual delivery

@ constructive delivery

Actual and constructive delivery.

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. It is a formal immediate transfer of the property to the vendee. 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.

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, 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. "Constructive delivery" is a term comprehending all those acts which, although not truly conferring a real possession of the vendee, have been held by construction of law equivalent to acts of real delivery. Lakeview Gardens, Inc. v. State ex rel. Schneider, Kan., 557 P.2d 1286, 1290.

See also symbolical delivery.

+ constructive delivery

The recognition of the act of intending that title to property be transferred to someone, even though the actual, physical delivery of the property is not made (because of difficulty, impossibility) (e.g., the transfer of a key to a safe constructively delivers the contents of the safe).

See also delivery

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Commercial law.

Delivery with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession. U.C.C. No. 1-201(14).

The act by which seller parts with possession and buyer acquires possession. Delivery occurs whenever seller does everything necessary to put goods completely and unconditionally at buyer's disposal. Crowder v. Aurora Co-op. Elevator Co., 223 Neb. 704, 393 N.W.2d 250, 256.

- conditional delivery

@ 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. A guaranteed undertaking by a defendant whose property has been seized through attachment promising that, in exchange for return of the property to him pending resolution of the main action, he will surrender the property or its value in satisfaction of judgment against her. Another name for this bond is "forthcoming bond."

@ delivery in escrow

Transfer physically of something such as a deed to escrow agent to be held on some condition which is not inconsistent with the primary transaction and which is to be released on the occurrence of some specific event or happening.

See escrow

@ delivery order

A written order to deliver goods directed to a warehouseman, carrier or other person who in the ordinary course of business issues warehouse receipts or bills of lading. U.C.C. No. 7-102(lXd).

The primary function of the delivery order is to aid in the breaking down into smaller lots of one large lot of goods (whether fungible or otherwise) which is represented by one bill of lading

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Drugs

In the context of illegal transfer of drugs, "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance. State v. Medina, 87 N.M. 394, 534 P.2d 486, 489.

Gift.

"Delivery" for purposes of creating a gift consists of irrevocable surrender of dominion and control over the subject matter of the gift. Bray v. Illinois Nat. Bank of Springfield, 37 Ill.App.3d 286, 345 N.E.2d 503, 505.

@ second delivery

The legal delivery by the depositary of a deed placed in escrow.

@ 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

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