Ruble v. Jacobson

Bronson, Ch. J.

This is an action to recover for money loaned and an automobile sold. The defense is payment through exchange. The jury returned a verdict in defendant’s favor. Plaintiff’s evidence is to the effect that he sold to defendant in May, 1920, an automobile, for $1315.00, besides furnishing to him certain accessories therefor; that, in May, June and July, 1920, he loaned to defendant $1600.00, as evidenced by his checks therefor; that no payment has ever been made for the things so sold or the monies so loaned.

Defendant’s evidence is to the effect that plaintiff exchanged the…