Eley v. Holden

J. W. Eley and Mrs. Minnie Eley brought an action against John F. Holden to recover $3,000, averring that said sum was due as a loan. Holden defended upon the-theory that' *153said sum was not loaned to Mm, but that it was deposited in the Bank of Crawfordville, of which he was president, and that the bank subsequently broke. After a verdict was rendered in favor of the defendant, he died, and, pending a decision on the motion for a new trial filed by the plaintiffs, Holden’s executor, after being duly qualified, was made a party defendant. Thereafter the court overruled the motion for a new…