SMITH v. HOEY

No. 195.

153 F.2d 846 (1946)

SMITH v. HOEY et al.

Circuit Court of Appeals, Second Circuit.

February 25, 1946.


Attorney(s) appearing for the Case

Raymond B. Goodell, of New York City, for appellant.

John B. Creegan and John F. X. McGohey, U. S. Atty., both of New York City, for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


PER CURIAM.

The only question involved upon this appeal is whether it was "clearly erroneous" for the judge to infer from the stipulated facts that the plaintiff's wife understood that she should use a part of the money which her husband gave her, to buy his securities. If that inference was permissible, she received it upon a trust so to use it, and the transfer of the securities was without consideration: i. e., it was a gift.

It was stipulated that, if...

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