Hughes v. Wilson Sullivan Co.

Plaintiff sought to recover moneys claimed to have been paid to the defendant to make good the defalcations of a relative and which the defendant agreed to see were repaid. The defendant contended that the moneys were loaned by the plaintiff to the relative and paid by the relative to defendant and denied that it had agreed to repay them or guaranteed their repayment. A sharp issue of fact as to the substance of the agreement was resolved by the jury in the plaintiff’s favor.

Defendant assigns error in that plaintiff’s trial counsel took the witness stand and testified to a disputed…