Vela v. Slavich

YARRUT, Judge.

This suit was brought March 28, 1962, by Plaintiff to recover a $6,500.00 loan he allegedly made to Defendant on May 11, 1959, a few months before the three-year prescriptive period would have accrued. The money was furnished in the form of two checks payable to Defendant, one for $3,000.00 and one for $3,500.00, on two different banks.

Defendant admitted receiving the checks but pled the checks were an inter vivos donation, and did not represent a loan; and, alternatively, if the Court finds it was a loan and not a donation, then the amount should be compensated and offset by…