This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Delivery consists of two distinct elements: (1) A party delivering the instrument must surrender control of the same, and the other party must take either actual or constructive possession thereof.1 (2) This surrender of control must be accompanied by the intention of both the parties that the instrument shall take effect thereby. Mere change of custody without this intention does not amount to a delivery. If an instrument is taken from the custody of the person who executes it, without his knowledge, as where it is removed in his absence,2 no delivery exists. If a written instrument is taken from the person by whom it is executed without his consent, as where it is snatched from his hand while he is threatened with physical violence,3 no delivery exists.