Tanzola v. De Rita

— Defendant executor appeals from a judgment rendered by the court without a jury, by which plaintiff was awarded recovery of money allegedly loaned to defendant’s decedent, Angelo Pipolo, and evidenced by two checks. Plaintiff’s claim therefor had been rejected by defendant executor. We have concluded that the trial court did not err in admitting certain testimony of decedent’s surviving wife, claimed by defendant to be a privileged marital communication; that other claims of error are likewise without merit; and that the judgment should be affirmed.

Plaintiff alleged and the trial court…