Merkowsky v. Merkowsky

Supreme Court of New Jersey

Merkowsky v. Merkowsky

166 A. 74, 113 N.J. Eq. 144, 1933 N.J. LEXIS 1000

DecidedApril 27, 1933

StatusPublished

This text of 166 A. 74 (Merkowsky v. Merkowsky) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merkowsky v. Merkowsky, 166 A. 74, 113 N.J. Eq. 144, 1933 N.J. LEXIS 1000 (N.J. 1933).

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Opinion

Per Curiam.

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.

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Per Curiam.

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.

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Bluebook (online)

166 A. 74, 113 N.J. Eq. 144, 1933 N.J. LEXIS 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merkowsky-v-merkowsky-nj-1933.