Morrow v. Frankish

Citations

• 27 Del. 534
• 89 A. 740
• 4 Boyce 534
• 1913 Del. LEXIS 77

Syllabus

<p>1. Interest—Rights and Liabilities in General—Compensation for Use of Money—Loans.</p> <p>In an action to recover money alleged to have been loaned, interest may be allowed from the date of the loan, if the loan is established.</p> <p>2. Money Lent—Evidence—Weight and Sufficiency.</p> <p>A check alleged by plaintiff to have been given as a loan, but claimed by defendant to have been given for services rendered, is not in itself prima facie evidence of a loan, but whether it was given as a loan or not must be determined from all the evidence.</p> <p>3. Payment—Evidence—Presumptions.</p> <p>The payment by a boarder to the person with whom he lived of a fixed sum from month to month during the period that he was so boarding creates a presumption that such payments were in full of all liability to the time of each payment, but the presumption may be rebutted by evidence.</p> <p>4. Set-Off and Counterclaim—Subject-Matter—Set-Off Arising Out of Separate Transaction.</p> <p>In an action for money loaned, the defendant could set up a claim for personal services rendered the plaintiff, and, if established, have it set off against plaintiff’s claim.</p>