McPhilomy v. Lister

Opinion by

Me. Justice Paekee,

■ This action in assumpsit was brought by plaintiff, a sister of John E. Lister, deceased, against the executrix of his estate. The statement of claim alleged that plaintiff made twenty-five different loans to her brother between 1919 and 1929 and that the aggregate due her when suit was brought was the principal sum of $7,940, with interest totalling $6,155.33. The defendant denied any knowledge of the existence of the indebtedness and, as new matter, pleaded the statute of limitations. On trial defendant offered no evidence but asked for binding instructions in…