Afflerbach v. Burns

Mawhinney, J.,

This is an action in assumpsit to recover the sum of $25,000 with interest from January 26, 1943.

It is plaintiff’s contention that the delivery of this money was a gift causa mortis to her by Judson C. Burns, the father of defendant. The case was tried by a judge and jury, and the jury disagreed. We are now considering defendant’s motion for judgment upon the whole record.

Judson C. Burns, hereinafter referred to as Judson Burns, died on January 26, 1943, and during his lifetime was president and owner of a majority of the capital stock of Judson C. Burns, Inc., a corporation…