Castle v. Persons

SANBORN, Circuit Judge.

I concur in the judgment of reversal for these reasons:

1. In my opinion no question of donatio mortis causa was presented in this case, and no judgment against the plaintiff ought to be sustained on the ground that the novation which Maria Persons pleaded was void because it was made in contemplation of the death of her husband, Thomas Persons, for the reason that no such defense was *843pleaded and no such issue was presented for trial when the case came on for hearing, or was ever fairly tried. The averment of the complaint was that Thomas Persons assigned his claim for…