Kinney v. Pollak

The former appeal in this case is reported in Pollak v. Millsap, 219 Ala. 273, 122 So. 16, 65 A. L. R. 110. We then stated the principles of law which we thought were pertinent to the facts as alleged in the pleadings then as now. Since that opinion was approved, the same principles have been several times reaffirmed by us in cases cited in our more recent case of Kelly v. Tatum, 222 Ala. 655, 133 So. 703.

On this appeal the inquiry is whether the evidence supports the allegations of the bill. On that question the dispute hinges upon whether a loan of money was in fact made to complainants by…