Ficklin's v. Carrington

Citations

• 31 Va. 219

Syllabus

<p>1. In the absence of C in a foreign country F sent to Mrs. C a check for $500, which was collected by her. In the absence of all evidence bearing upon the intention of F in sending the check, the presumption is the intention was, not a gift to Mrs. C, but a loan on the credit of her husband, C.</p> <p>2. Where a debtor who resides in the state removes, after contracting the debt, to another state, the removal is itself an obstruction to tlie prosecution of a suit by tlie creditor to recover the debt, and the statute of limitations will not run against the debt whilst tlie debtor resides out of the state.</p>