Coburn v. Storer
Supreme Court of New Hampshire
Writ oe Entry, to recover a tract of land in Salem, dated March 21, 1890. The defendants, J. W. Storer and Grace T. Storer, are husband and wife, and were married in' 1864. The husband made no defence. The plaintiff claimed title to the land under a levy of executions against J. W. Storer, by which his equity of redemption from his mortgage to one Boardman was sold to the plaintiff.
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Writ oe Entry, to recover a tract of land in Salem, dated March 21, 1890. The defendants, J. W. Storer and Grace T. Storer, are husband and wife, and were married in' 1864. The husband made no defence. The plaintiff claimed title to the land under a levy of executions against J. W. Storer, by which his equity of redemption from his mortgage to one Boardman was sold to the plaintiff. The officer’s deed to him was dated December 80, 1889. Mrs. Storer claimed title under a deed from Board- ' man to her, dated March 26, 1888. The plaintiff contended that the money which Mrs. Storer paid Boardman…
1Opinion of the Court
Per Curiam. *
The delivery of money without other evidence of the contract between the parties raises no presumption of law that it was intended to be a loan, rather than the payment of a debt, or a gift. Its legal effect would necessarily be very different in different cases, and a legal presumption that it amounted to a loan in a given case would be as likely to defeat as to carry out the intention of the parties. The intention of the parties, found as a fact from competent evidence, must determine the- character of their act. The question is one peculiarly within the province of the jury.…
2Cases cited3 opinions
- Fall v. HainesSupreme Court of New Hampshire · 1889
- Lamprey v. DonacourSupreme Court of New Hampshire · 1878
- Osgood v. EatonSupreme Court of New Hampshire · 1885
3Cited by6 opinions
- Bast v. BastMontana Supreme Court · 1923
- Estate of Labombarde v. CommissionerUnited States Tax Court · 1972
- Spruance v. Equitable Trust Co.Court of Chancery of Delaware · 1918
- Horgan v. IndartNevada Supreme Court · 1917
- Cox v. CoxSupreme Court of New Hampshire · 1904
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