Metropolitan Construction Co. v. Brazos

The opinion of the court was delivered by

Parker, J.

The defendant in error, plaintiff below, had a verdict and judgment against plaintiff in error for $2,082 and interest as for moneys loaned; and by this writ of error the defendant questions the propriety of the exclusion of certain evidence by the trial court and portions of the charge to the jury.

The declaration was on the common counts in assumpsit, with bill of particulars annexed, setting forth seven items of “cash loaned.” Defendant pleaded general issue only. At the trial he admitted the receipt of the several items of cash mentioned…