Ficklin's v. Carrington
Supreme Court of Virginia
This was an action of assumpsit in the circuit court of the city of Richmond, brought in June, 1874, by Slaughter F. Ficklin, executor of Benjamin F. Ficklin, against Eugene Carrington, to recover the sum of $500 in gold, which the plaintiff claimed had been lent to the defendant on the 1st of April, 1805. The defendant residing in Maryland, the process was served by an attachment on property owned by him in Richmond.
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This was an action of assumpsit in the circuit court of the city of Richmond, brought in June, 1874, by Slaughter F. Ficklin, executor of Benjamin F. Ficklin, against Eugene Carrington, to recover the sum of $500 in gold, which the plaintiff claimed had been lent to the defendant on the 1st of April, 1805. The defendant residing in Maryland, the process was served by an attachment on property owned by him in Richmond. Carrington appeared, and filed the plea of non-assumpsit, and also the statute of limitations. Tlie plaintiff' took issue on the first plea, and replied specially to the second,…
1Opinion of the CourtChristian, J.
The court is of opinion that there is no proof in the record to show, either from the relation of the parties or other circumstances, that the check for $500 in gold delivered by Ficklin to Mrs. Eugene Carrington was a gift to her. In order to declare such transaction a gift to the wife, and not an advancement or loan upon the credit of the husband, there must be proof that it was intended as a gift, and the relations of the parties and the circumstances of the transaction must be of such a character as to show that the money advanced was given to the wife voluntarily and without expectation…
2Cases cited1 opinion
- Markle's adm'r v. Burch's adm'rSupreme Court of Virginia · 1854