Schell v. Weaver

This is an appeal from the judgment of the Appellate Court affirming a judgment of the circuit court allowing a claim in the sum of $1200 against the estate of Thomas T. Schell. In the circuit court a jury was waived and the case tried by the court in November, 1905. The claim of appellee was filed by him in the probate court in May, 1905, and is itemized: “To money loaned, $985.50; to interest on above loan at five per cent, $230.90; total, $1216.90.”

Appellee was a farm laborer, and the evidence tends to show had accumulated a few thousand dollars, which he loaned out. Deceased was a farmer,…