Kelly v. Eby
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS no. 3 op Philadelphia county. July Term 1890, Sup. Ct.; court below, No. 733 June Term 1888, C. P. No. 3. On August 29,1888, Julia Kelly brought assumpsit against Sarah Eby. Issue. At the trial, on April 80, 1890, the plaintiff, called in her own behalf, testified: “ I am the plaintiff in the case. I loaned to Mrs. Eby 1350. She asked me to let her have the money to help her out of a difficulty she was in.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS no. 3 op Philadelphia county. July Term 1890, Sup. Ct.; court below, No. 733 June Term 1888, C. P. No. 3. On August 29,1888, Julia Kelly brought assumpsit against Sarah Eby. Issue. At the trial, on April 80, 1890, the plaintiff, called in her own behalf, testified: “ I am the plaintiff in the case. I loaned to Mrs. Eby 1350. She asked me to let her have the money to help her out of a difficulty she was in. I was at my brother’s house, 1202 Carlton street. Mrs. Eby came there and asked me for the money. She said, ‘Julia why did you disappoint…
1Opinion of the Court
*182Opinion,
Mr. Justice McCollum :
The claim of the appellee, briefly stated, is that on the thirtieth of December, 1884, she loaned three hundred and fifty dollars to the appellant, who was then a married woman residing with her husband; and that about two weeks after her husband’s death, in March, 1888, she referred to the loan and said to the appellee: “ According as I get the money from my boarders, I will pay you so much till I pay you the money.” The appellee testified that she handed the money to the appellant in the back room of the latter’s house, when they were alone; that a day or two…
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