Dimond v. Sanderson

Citations

• 103 Cal. 97
• 37 P. 189
• 1894 Cal. LEXIS 730

Syllabus

<p>Action Upon Note—Husband and Wipe—Burden of Proof—Consideration—Undue Influence.—The burden of proving a sufficient consideration for a note, and that it was not given under undue influence, is not thrown upon the plaintiff in an action thereon merely because it appears that plaintiff and defendant were husband and wife at the time the note was given.</p> <p>Id.—Presumption—Proof of Advantage Taken.—In order that the presumption may arise that a transaction between a husband and wife, by which one has obtained an advantage over the other, was entered into without sufficient consideration, and under undue influence, it must appear upon the face of the transaction, or by proof, that there was no consideration, or that the marital confidence was used to take an unfair advantage, or that the confidence was subsequently violated.</p> <p>Id.—Mote Mo Proof of Advantage or Trust—Consideration Implies. Possession of a note given by the husband to the wife is not of itself evidence that any advantage had been obtained, and the giving of it does not indicate a trust; hut the note is an ordinary contract, which implies a consideration.</p>