Woodbury v. Woodbury

This is an action for money had and received, by which the plaintiff seeks to recover §2861, given as a gift inter vivas by the plaintiff’s intestate to the defendant, — between whom there existed confidential relations, not only of physician and patient, but also of adviser and friend, and of agent and principal, —upon the ground that the gift was obtained by the undue influence of the defendant.

1. The defendant first requested the court to instruct the jury that there was no evidence in the case which would warrant them in finding that the defendant solicited the gift, or used.any undue…