Baker v. Couch

221 P. 1089 (Colo. 1924)

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Nature of the Case

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Facts

P and D lived together in adulterous relations. P owned the notes and claims that D got them from him by undue influence. D denied all this and says the notes were a gift to her; that after delivery a dispute arose concerning them, and her rights were thereupon confirmed by a written contract; and that this cause was theretofore dismissed by written stipulation and illegally reinstated. One allegation is that D promised, if the case was dismissed, to 'resume meretricious relations with the said plaintiff.' P was about twenty-three years of age. He says in his pleadings that he was without business judgment or experience. D was some eight years his senior and, aside from any irregular attachments, had three times embarked upon the matrimonial sea under legal sanction. The case was submitted to the jury only upon the question of whether D received the notes as a gift. The judgment was for P and D appealed.