Case File

Three Thousand Dollars Ends Friendship (Page 2 of 2)

Mr. Smeltzer confirms hearing discussions about $5,000 and a trip to Europe.

He says Mr. Hartness made many promises.

He emphasizes the close friendship.

He compares it to family.

Judge Judy's Common Sense Test

Judge Judy addresses Mr. Cutler.

She explains that a contract requires consideration.

Something must be exchanged for it to be enforceable.

A gift is just "puffing."

She suggests Mr. Cutler had problems in 1995.

Mr. Cutler denies this.

He claims $3,000 would not have made a difference to him.

Judge Judy asks why Mr. Hartness would sue him years later.

Mr. Cutler says Mr. Hartness is a "bitter man."

He claims Mr. Hartness's head swelled after the settlement.

He says Mr. Hartness called him two years later.

Mr. Hartness demanded the money back.

Mr. Cutler reminded him it was a gift.

Mr. Hartness threatened court action.

The Check Made Out to the Father

Judge Judy asks about the check made out to Mr. Cutler's father.

Mr. Cutler confirms this.

He claims Mr. Hartness did it so he wouldn't spend it all at once.

He says Mr. Hartness believed his father would manage the money better.

Judge Judy dismisses this explanation.

She states common sense should prevail.

If it were an outright gift, the check would be made to Mr. Cutler.

She explains that if Mr. Cutler didn't need the money immediately, he could have opened an account.

He could have waited for the check to clear.

The fact that the check was made to his father suggests an immediate need.

Mr. Cutler agrees with Judge Judy.

He apologizes.

Judge Judy notes that no other friends took money from Mr. Hartness.

Mr. Cutler claims he is the only one present.

He says he could have brought other witnesses.

Judge Judy cuts him off.

The Verdict

Judge Judy is satisfied with Mr. Hartness's story.

She focuses on the check made out to the father.

This tangible evidence supports an immediate need for funds.

It contradicts Mr. Cutler's story of a casual gift.

Judge Judy finds in favor of Mr. Hartness.

She awards him $3,000.

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