Emery v. Bennett

The opinion of the court was delivered by

Dawson, J.:

The appellant, plaintiff below, sued the defendant on a promissory note. The defendant’s answer admitted the execution but denied the "delivery of the note, and alleged that it was only a memorandum of a gift, but that about a year after its execution it had been delivered by mistake along with some other papers. The appellant was the defendant’s father-in-law. We may infer that the reciprocal relation of paternal regard and filial respect which may have existed between the parties at the time of the alleged gift has changed. Hence this…