ADAMS V. MERCED STONE CO.
178 P. 498 (1917)
NATURE OF THE CASE: This was an appeal from an order denying a motion for a new trial.
Adams (P), executor of a creditor's estate, sought review of the judgment in favor of Merced
(D), debtor, a corporation, upon a finding that the debt in question had been given by the
creditor to his brother before death.
FACTS: T. Prather made a gift to his brother, Samuel D. Prather, of the accounts due from
Merced (D). The gift was made two days before T. Prather's death from sickness and in
contemplation of death. That gift was disputed. At that time Samuel was the president, the
general manager, and a member of the board of directors of D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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