Sterry v. Fitz-Gerald

The opinion of the court was delivered by

Bergen, J.

This action was instituted by the executors of William Dewitt Sterry to recover $9,200 which they claimed their testator had loaned to the defendant. The verdict was for defendant and plaintiffs were allowed a rule to show cause why it should not be set aside, and now move to have it made absolute.

The pertinent charge in the plaintiffs’ complaint, paragraph 3, is, that the testator “lent and advanced to said defendant, Aaron 0. Fitz-Gerald, cash amounting to $9,200, which was to be repaid- on demand with interest.” The defendant answered:…