Helm v. Martin
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial, in the Twelfth District Court, City and County of San Francisco. Daingebfield, J. The instruction referred to in the syllabus was as follows: “ To ascertain whether the transaction is'a loan or a gift, the intent of both parties must be considered. It takes at least two parties to make a gift, and it takes at least two parties to make a loan.
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Appeal from a judgment for the defendant, and from an order denying a new trial, in the Twelfth District Court, City and County of San Francisco. Daingebfield, J. The instruction referred to in the syllabus was as follows: “ To ascertain whether the transaction is'a loan or a gift, the intent of both parties must be considered. It takes at least two parties to make a gift, and it takes at least two parties to make a loan. The mere application of McGovern and Martin to Helm, the deceased, to make each of them a loan of money wherewith to purchase a certain number of shares of the California…
1Opinion of the Court
Sharpstein, J.:
The real issue in this case was whether the transaction between the plaintiff’s intestate and the defendant was a gift, and upon that issue the jury returned a verdict in favor of the defendant. A motion for a new trial on the ground, among others, that the evidence was insufficient to justify the verdict, was denied by the Court below. If there is any evidence to sustain that verdict, this Court will not disturb the order of the Court below. For the purpose of determining that question, it will only be necessary to consider such portions of the testimony as are most favorable…
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