58 A. 504 | N.H. | 1904
The question presented in this case is not whether a promise can or cannot be implied as a matter of law from the mere fact of benefits received (Concord Coal Co. v. Ferrin,
There was evidence that in 1898 the plaintiff received from her sister's estate $525, which under our statute she was entitled to hold to her separate use, free from the interference or control of the defendant (P.S., c. 176, s. 1; Clough v. Russell,
From this evidence the jury could find that there was a mutual understanding between the husband and wife that the transaction *562
was a loan. Bickford v. Dane,
Exception overruled.
All concurred.