Puterbaugh v. Ash

MR. JUSTICE CASTLES:

This is an appeal from a judgment entered on a jury verdict and from an order denying a new trial. Appellants were defendants below. Respondent was plaintiff. The appeal is brought on the judgment roll. No bill of exceptions is before us.

The complaint was in the form of a common count for money had and received upon a balance of $6,900 claimed to be due and owing by the defendants to the plaintiff.

The answer contained four affirmative defenses:(1) Admitted a loan of $8,000 and $1,100 payment, but alleged repayment to be made at the convenience of the defendants, and that…