Cox v. Cox
Supreme Court of New Hampshire
Assumpsit, for money Had and received and for money loaned. Trial by jury and verdict for tbe plaintiff. Transferred from tbe November term, 1903, of tbe superior court by Peaslee, J. The defendant is the plaintiff’s husband. The evidence bearing on the question transferred is stated in the opinion. The defendant’s motion for a nonsuit was denied, and he excepted.
1Opinion of the CourtBingham, J.
The question presented in this case is not whether a promise can or cannot be implied as a matter of law from the mere fact of benefits received (Concord Coal Co. v. Ferrin, 71 N. H. 33, 36), nor whether the law will or will not presume from the delivery of money that the transaction was a loan, rather than a gift or the payment of a debt (Coburn v. Storer, 67 N. H. 86, 87), but is whether there was any evidence from which the jury could reasonably infer that it was a loan.
There was evidence that in 1898 the plaintiff received from her sister’s estate $525, which under our statute she was…
2Cases cited6 opinions
- Clough v. RussellSupreme Court of New Hampshire · 1875
- Concord Coal Co. v. FerrinSupreme Court of New Hampshire · 1901
- Bickford v. DaneSupreme Court of New Hampshire · 1877
- Coburn v. StorerSupreme Court of New Hampshire · 1891
- Page v. SnellSupreme Court of New Hampshire · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of Labombarde v. CommissionerUnited States Tax Court · 1972
- Horgan v. IndartNevada Supreme Court · 1917
- Estate of Labombarde v. CommissionerUnited States Tax Court · 1972