White v. Warren

Citations

• 120 Cal. 322

Syllabus

<p>Husband and Wife—Action by Wife fob Money Loaned to Husband— Claim of Gift—Instruction—Bubden of Proof—Presumption of Undue Influence.—In an action by a wife to recover money alleged to have been loaned by her to her husband, where she had established a prima facie case, and the husband thereupon introduced some evidence tending to show that the money was not loaned but was a gift to him from her, it was proper for the court, in view of the provisions of sections 158, 2219, and 2235 of the Civil Code, to instruct the jury that as plaintiff and defendant were wife and husband, it devolved upon the husband who claimed to have received the money as a gift to prove that such gift was made without undue influence on his part, the presumption being, in the absence of such evidence, that undue influence was used, and to instruct the jury to find a verdict for the plaintiff, for the want of such evidence.</p> <p>Id.—Obtaining of Advantage—Trustee and Beneficiary.—The rules applicable to dealings between trustees and beneficiaries, where the trustee obtains any advantage from his beneficiary, are applicable to transactions between husband and wife, where one secures any advantage over the other, and apply to a case where money is claimed to have been given by the wife to the husband.</p>