Mowbray v. Mowbray

MR. JUSTICE CASTLES:

This is an appeal from a judgment for $320 in favor of the plaintiff. The plaintiff is the appellant herein and is appealing from the judgment. He assigns as error the action of the trial court in striking all testimony of the plaintiff regarding* a $5,000 loan and in instructing the jury to return a verdict for $320.

The action was brought on a claim filed by the plaintiff against the estate of P. A. Mowbray, deceased, which claim was rejected by Edward Mowbray, executor thereof. The said Edward Mowbray will be referred to as the defendant. The basis of the claim was an…