GIFT OR LOAN?

Evening Star, Issue 18809, 6 December 1924, Page 2

GIFT OR LOAN?

CHEQUE FOB £4OO. DECISION RESERVED. In the Supreme Court yesterday afternoon, before His Honor Mr Justice Sim, the case in which Eliza Mary Begg and others claimed £403 from Sarah Ann Watt, it being contended that the money was lent by one John Begg (deceased), was continued. Mr W. G. Hay contended that the fact that the money was a gift had been amply proved. The direct evidence of Mr and Mrs Watt on oath was confirmed by Mr Christie, who showed extreme intimacy with the parties, and also that Begg was not tho sort of man to make i loan of £4OO without taking come acknowledgment. This evidence was corroborated by the evidence of plaintiff, who showed that books were kept, and, although in the hooks various loans were entered, he had no mention of this alleged loan. No receipt had been taken, and there was no other security. Furthermore, the fact that the trustees had mado a claim shortly after death in 1920, and having been informed that it was a gift did not proceed until the present time, showed that uhey themselves were in doubt as to the transaction; and it had really come to tho court to have the doubt solved. Mr J. A. Cook contended that a claim of this class, being a claim _ against a deceased person’s estate, required corroboration, and should bo looked upon with suspicion. It was much more probable that what Begg had done was to find the money to enable the Watts to start business on the understanding that it was to bo repaid some time. His Honor then said that he would reserve his decision and take time to consider the matter.