Rohrbacker v. Schilling

The plaintiff, administrator of the succession of Glumdes Wunseh, deceased, sued the defendant, Sohilling, for the sum of §1000, alleging that the deceased had “loaned that sum to the said Schilling for the purpose of assisting him in his business.”

The defendant answered that the deceased did not loan but gave the sum in question to him, partly in payment of an antecedent indebtedness and partly as a remunerative donation for services rendered.

The first question is, upon whom does the burden of proof rest under this state of the pleadings ? Clearly upon the plaintiff, for there is no…