Coe v. McGran
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. Any relation which gives rise to confidence, though not a badge of fraud, which may arise from other circumstances, holds the parties to a fuller and stricter proof of the fairness of the transaction, and may in some eases be deemed conclusive evidence of fraud.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. Any relation which gives rise to confidence, though not a badge of fraud, which may arise from other circumstances, holds the parties to a fuller and stricter proof of the fairness of the transaction, and may in some eases be deemed conclusive evidence of fraud. (Bump, Fraudulent Conveyances, 3d ed., 59; Eaton & Gilbert, Com. Paper, p. 279, 79 Cyc. 463.) The confidential relations of the parties to this action were such…
1Opinion of the CourtAilshie, C. J.
— This is an appeal from a verdict and judgment on a check issued by the appellant in favor of the respondent. The defense interposed is want of consideration and undue influence. The appellant had been living in respondent’s home from time to time for several months and had been taken e.are of by respondent at times when he was very ill. He was an old man some seventy years of age, and apparently in easy financial circumstances and had no family or relatives. He appears to have takeu a liking to the respondent, and, indeed, called her his adopted daughter, and introduced her on some…
2Cases cited3 opinions
- Goodwin v. GoodwinCalifornia Supreme Court · 1881
- Turner v. GumbertIdaho Supreme Court · 1911
- Shaughnessy v. HoodIdaho Supreme Court · 1912
3Cited by3 opinions
- In Re the Estate of RandallIdaho Supreme Court · 1942
- Hufton v. HuftonIdaho Supreme Court · 1913
- Snoderly v. BowerIdaho Supreme Court · 1917