Simon v. Trahan

TATE, Judge.

This is a suit by a son-in-law against his mother-in-law to recover $581.85 allegedly loaned. The trial court sustained the mother-in-law’s defense that the amount was a gift.

The plaintiff son-in-law appeals from the dimissal of his suit. The sole issue is whether the trial court erred in holding the money used to pay the mother-in-law’s hospitalization expenses was not a loan.

The legal principles applicable are somewhat disputed. The son-in-law, Simon, relies upon the jurisprudentially established principle that no one is presumed to give, so that he who claims to have received…