Zane v. Mavrides

BERANEK, Judge.

This is an appeal by the plaintiff/lender and cross-appeal by defendant/borrower from a final judgment in a suit on a series of loans. We affirm.

Four separate loans were alleged to have been made by plaintiff to defendant, an attorney. The lender’s sister was married to the defendant. In the pleadings, plaintiff alleged she made four demand loans to defendant which had not been repaid. In his answer the defendant denied receiving the proceeds of the loans and also asserted the Statute of Frauds as an affirmative defense.

Notwithstanding the pleadings, the parties proceeded to…