Carden v. Carden

Weltner, Justice.

The question in these divorce proceedings is whether the trial court should have granted the former wife’s motion for judgment notwithstanding the verdict upon the ground that the former husband was estopped to claim a resulting trust in property which he conveyed to her during the existence of the marriage.

Carden sought to aid his son in establishing a business. He cosigned his son’s note, the business failed, and the creditor demanded payment. Carden first attempted to assert that the creditor had agreed not to enforce the note against him in the event of default, but to…