Kitchen v. Barrett

This is an action of the case in assumpsit to recover money claimed by the plaintiff to have been advanced by him to the defendant. It was tried in the superior court to a jury which returned a verdict for the plaintiff for $135.31, the amount of the alleged loan, with interest. The trial justice denied the defendant’s motion for a new trial and the defendant then prosecuted his bill of exceptions to this court.

The plaintiff declared on a promissory note which he contends was given him by the defendant when the transaction in question took place, and on the common counts, including in…