Fall v. Haines
Supreme Court of New Hampshire
Assumpsit, against the executrix of John S. Haines, for money had and received. The plaintiff put in evidence two checks, drawn by him on a bank, payable to and endorsed by said John; and the defendant admitted that John received the amounts of the checks from the plaintiff’s deposit in the bank. One check, dated June '28, 1880, was for $2,110.56, and the other, dated September 31, 1881, was for $560.47. A nonsuit was ordered, and the plaintiff excepted.
1Opinion of the Court
.Doe, C. J.
The plaintiff, having paid John $2,110.56 at one time, and $560.47 fifteen months afterward, produces no notes or other written evidence of John’s express promises to repay those sums, and no evidence that there were such writings. The evidence introduced at the trial does not shift the burden of proof, and has no tendency to show it to be more probable that the payments were loans than that they were payments of debts, or parts of other transactions that would not include the receiver’s obligation of repayment.
Exceptions overruled.
Blodgett, J., did not sit: the others concurred.
2Cited by1 opinion
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