MEMORANDUM BY THE COURT.
Plaintiff's evidence prima facie established a cause of action. Defendant's proof was to the effect that the transaction was a gift. Only questions of fact were presented which the jury decided in favor of plaintiff. We find no merit in the contention that the action was prematurely instituted. In any event, this ground was not encompassed in defendant's motion for a nonsuit. On this record we perceive no basis upon which we would be warranted...
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