New Jersey Equity Reports Volume 75

New Jersey Equity Reports Volume 75

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... the ascertainment of the amount of the advances and the placing them within the account as stated by the master were entirely beyond the widest possible scope of the order of reference. One view of the nature of these advances is that they were loans. Mrs. Hagen refers to them as money "loaned," and testifies that the complainant always said that he would pay her back. The complainant admits the reception of moneys from his sister of which he kept no account, and he does not seem to indicate whether he considered the advances as loans or gifts. If the moneys in fact were loans it is very clear that the master was not authorized by the order of reference to ascertain the amount of these loans and state them as a set-off. It is true the order of reference following the usual form directs the master, in taking the account, "to make to both parties all just allowances," but any such allowances must relate to the subject-matter of the accounting which was the "net rents and profits" in Mrs. Hagen's hands. The ascertainment of the amount of a set-off growing out of independent loans made by Mrs. Hagen to her brother involves independent issues which the master had no jurisdiction to try. The other view of these moneys paid out from time to time by Mrs. Hagen to her brother is that they were contributions for the support of this spendthrift and his family made by Mrs. Hagen in pursuance of the solemn injunction of her mother delivered from her dying bed. If this is the correctgview of these payments of money then we have this situation: Mrs. Hagen having received the estate of her mother as a fund from which she may contribute to the support of her spendthrift brother, pays out substantial sums for more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236907299
  • 9781236907295