Bunting v. Darbyshire

This was a suit commenced by appellee against appellant, before a justice of the peace, to recover the sum of $138.38, which had been paid by appellee, and which, it was claimed, appellant was liable to repay to appellee under an agreement to that effect. Appellee recovered before the justice; the defendant appealed to the circuit court, and judgment there was for appellee, from which defendant appealed to this court. The error assigned is, that the verdict was clearly against the evidence, and that the court erred in not granting a new trial.

It appeared that Ebenezer Bunting, the father of…