Grimes v. Grimes

MORRIS, Chief Judge.

Upon making findings of fact with respect to the circumstances surrounding the execution of the note in question and plaintiffs and defendant’s use of the loan proceeds therefrom, the trial judge made the following conclusions of law:

1. That the plaintiff is presumed to be legally obligated for the support of his wife and family.

2. That if a wife receives and uses her husband’s money there is a presumption of gift in the absence of the contract to repay.

3. There is no evidence to rebut the above stated presumption and there exist no express contract between the parties for…