Sturges v. Wagner

The complaint is in two counts, the first alleging a loan to the defendants of $3,000 by the decedent Irene Schreiber which had not been paid, and the second a loan of $2,000 also unpaid.

The judgment in favor of the defendant G. Leslie Turner, upon which no appeal is made, eliminates this defendant from our present consideration, and the only questions before us relate to the defendant Wagner alone.

His answer denies the allegations of the first count that $3,000 was loaned to him, and as to the second count admits that the $2,000 was loaned to him and that he had not repaid it. Then, as a…