Gerding v. Walter
Supreme Court of Missouri
Appeal from, Buchanan Court of Common Pleas. This was an action to recover the sum of one thousand dollars alleged to have been loaned to the defendant at divers times in the month, of August, 1858. The defendant in his answer proceeded as follows: “ Defendant denies, except as hereinafter stated, that he is justly indebted in the sum of one thousand dollars for money lent by plaintiff to defendant at various times.
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Appeal from, Buchanan Court of Common Pleas. This was an action to recover the sum of one thousand dollars alleged to have been loaned to the defendant at divers times in the month, of August, 1858. The defendant in his answer proceeded as follows: “ Defendant denies, except as hereinafter stated, that he is justly indebted in the sum of one thousand dollars for money lent by plaintiff to defendant at various times. Defendant denies, except as hereinafter stated, that he is indebted to plaintiff for one hundred and twenty-five dollars on the 12th of August, 1858, or for one hundred and…
1Opinion of the CourtNaptoN, Judge
The instructions given by the court in this case seem to assume that the natural or legal presumption arising from the simple fact of one man handing over money to another is, prima facie, a loan. We do not know of any authority or principle to justify this conclusion. It would seem to be more reasonable to infer, from this simple transaction unexplained, that the money is to pay a debt, or is intended as a gift. Where a loan is made, some proof of the transaction is usually preserved.
The plaintiff here averred that the defendant was indebted to him in the sum of one thousand dollars for…
2Cited by2 opinions
- Weed v. ClarkSupreme Judicial Court of Maine · 1920
- St. Louis Trust Co. v. RudolphSupreme Court of Missouri · 1896