Davies v. Silvey

At the first October Rules, 1923, John J. Davies filed his declaration in assumpsit against Lucy M. Silvey, Adm’x of her deceased husband, C. W. Silvey, alleging that Silvey before his death became indebted to him (Davies) in the sum of $1,000.00 loaned to Silvey. The cause came to trial and. upon a plea of non assumpsit, the jury found a verdict for Davies for $800.00 with interest. This verdict the trial court set aside upon the ground that, Silvey being dead-, under Section 6209 of the Code 1919 (which is copied in the margin*), Davies’ testimony being uncorroborated', no judgment in his…