Shopneck v. Rosenbloom

The declaration in this action of contract contains two counts. The first count alleges that the plaintiff over a period of years lent sums of money aggregating $35,000 to the defendant’s testatrix, upon her promise to repay them during her lifetime and, if she did not, to provide by her will an amount sufficient to satisfy this indebtedness. The second count is upon an account annexed to recover the same amount. The answer, among other things, Sets up the statute of frauds, the statute of limitations, and a release. The plaintiff had a verdict, and the question for decision is whether the…