Kuzma v. Kuzma

Opinion by

Wright, J.,

On March 31, 1954, Andrew Koches instituted an action in assumpsit against John R. Kuzma to recover a loan of |2,000.00 allegedly made on February 8, 1949. Koches died on September 30, 1954, and his daughter, Anna Kuzma, administratrix, was substituted as plain tiff. The trial resulted in a verdict for the defendant. The court en banc thereafter granted plaintiff’s motion for a new trial. The defendant has appealed.

The record discloses that appellant and Koehes, as tenants in common, owned a hotel building in Homestead, in which Anna Kuzma operated a tavern. Appellant was…