McMahon v. MacKinnon

Plaintiff brought suit to recover a sum of money alleged to have been loaned to the defendants and not repaid, though frequently demanded. Defendants, answering, denied the material allegations of the complaint. Trial before the court, sitting without a jury, resulted in findings and conclusions adverse to the plaintiff, whereupon judgment was entered dismissing the action. Plaintiff appealed.

We may say at the outset that the issues in this case were purely factual, requiring the trial court simply to determine on which side of the dispute the preponderance of the evidence lay.

For a period of…