Grable v. Henderson

OPINION

By WASHBURN, PJ.

There was such a conflict in the evidence that a reviewing court would not be justified in setting aside a verdict of a jury for or against either party on the weight of the evidence.

After stating that the plaintiff claimed that the money was loaned to the defendant and that .“the defendant claims that this money was given to her by the plaintiff as a gift, without consideration or any promise to repay the same to him,” the court charged the jury that the burden was upon the plaintiff to prove, by a preponderance of the evidence, that said money was loaned to the…