Nettie Smith v. Hunter Smith

SOBELOFF, Circuit Judge.

A wife brought suit to recover the value of certain unregistered interest bearing coupon bonds of the United States Government in the amount of $50,000 which she claims her husband gave her and later removed from her safe deposit box and converted to his own use. Jurisdiction rests on diversity of citizenship, as the plaintiff is a resident and citizen of Ohio and the defendant, of West Virginia.

After a hearing on the merits, the District Judge, sitting without a jury, held that the plaintiff had not sustained the burden of proving the gift of the bonds. He dismissed…