Brooks v. Worthington

Plaintiff herein, H. M. Brooks, administrator of the estate of Anna Laura Lindsay, deceased, instituted this action to recover the amount of an alleged loan, with interest, made by his decedent to the defendant, Marguerite Worthington. In her grounds of defense, defendant denied the alleged indebtedness and asserted that the money turned over to her by plaintiff’s decedent was a gift based on an agreement and not a loan.

A jury trial resulted in a verdict for the defendant and judgment was entered thereon. We granted plaintiff a writ of error.

Plaintiff contends that the court erred in (1)…