Washington Seminary v. Hunt
Washington Seminary v. Hunt
Opinion of the Court
In 1897 respondents sold some real estate to Sherman Hunt and wife, Cora Esther Hunt, for $7,200, taking their noie due in eight years in payment therefor. This note was by respondents turned over to the Frontier Domestic and Foreign Missionary Society of the Church of the United Brethern in Christ, with the understanding that, if respondents should ever come to want, the missionary society should support them. In March, 1905, respondents, having
It is urged by appellant that the delivery of the note by respondents to the missionary society was a gift, and that it was invalid as against bona fide creditors. Respondents maintain that it was not a gift, but that it was in consideration of the support of respondents, and that the transfer by the missionary society of the note with the unpaid balance to the original makers, in consideration of their supporting these respondents for the balance of their lives, was for a good and valid consideration. Whatever view may be taken of the original transaction between these respondents and the missionary society, it appears to us that the transaction between the missionary society and Sherman Hunt was perfectly legitimate. The missionary, society was under obligation when called upon to support these old people. They made an arrangement with Sherman Hunt whereby he, in consideration of the surrender and delivery to him of the note, agreed to, and did, assume the obligation of furnishing support to these respondents. This being a valid contract and legal transaction, we think the trial court was right in finding that Sherman Hunt had no property in his possession or
The judgment of the trial court is affirmed.
Hadley, C. J., Pullerton, Rudkin, Mount, Dunbar, and Crow, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.