Walther v. O'Connell

The facts in this case are clear and uncontroverted. Plaintiff alleges that between June, 1969 and May, 1970 he loaned the defendant $1,010. He claims that only $100 of this loan has been repaid and brings this action to recover the remaining $910. Plaintiff offered proof to show where he obtained the money he alleges to have loaned to the defendant. The defendant denies ever having received this money and claims that she never asked the defendant to loan her any money. The alleged loan was oral, and no witnesses were present.

The court is faced with the problem of determining which party is…