Arrett v. Janks

Plaintiff sued defendant, the son of his deceased wife, to recover what he claims to have been a $6,000 loan. Plaintiff declared in the first count of his declaration on the theory of a loan. The second count was upon the common counts.

*295Defendant in his answer denied the $6,000 was a loan and denied each of the common counts. He admitted nonpayment, but denied that plaintiff was entitled to any judgment whatsoever.

The case was tried in the lower court without a jury. Testimony revealed the plaintiff, who lived alone after the death of his wife, was the named beneficiary in an insurance policy…