Schwalbert v. Konert

This is a suit for money had and received. It was brought by -appellant, hereinafter called plaintiff, as administrator of the estate of William Schwalbert, deceased, against respondents, hereinafter referred to as defendants, to recover the sum of $1000, alleged to have been received by defendants as a loan on February 12, 1932, from the deceased. A trial before the court and a jury resulted in a verdict and judgment for defendants. Plaintiff appeals.

Plaintiff’s petition alleged that William Schwalbert, deceased, on or about February 12, 1932, agreed to lend to defendants, and they agreed to…