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Merkowsky v. Merkowsky

Court of Errors and Appeals
Apr 27, 1933
166 A. 74 (N.J. 1933)

Opinion

Submitted February 17th, 1933.

Decided April 27th, 1933.

On appeal from a decree in chancery advised by Charles L. Carrick, advisory master.

Mr. Irving Sachs, for the appellant.

Mr. Samuel S. Stern, for the respondent.


The advisory master properly stated in deciding the case that the question was merely one of fact. The wife sought a decree requiring the husband to repay to her $2,000 which she claimed had been loaned by her to him. His claim was that she had given him the money. The master, after hearing the evidence, concluded that the transaction was a loan and not a gift, and our examination of the evidence leads us to concur fully in that result.

The decree will accordingly be affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.

For reversal — None.


Summaries of

Merkowsky v. Merkowsky

Court of Errors and Appeals
Apr 27, 1933
166 A. 74 (N.J. 1933)
Case details for

Merkowsky v. Merkowsky

Case Details

Full title:HELEN MERKOWSKY, complainant-respondent, v. MIKE MERKOWSKY…

Court:Court of Errors and Appeals

Date published: Apr 27, 1933

Citations

166 A. 74 (N.J. 1933)
166 A. 74