Ferguson v. Dunn's Administrator

— Dunn’s administrator sued Mrs. Ferguson for money had and received of and from the intestate in his lifetime, at her special instance and request. The defendant answered by the general denial and set-off. Issues were taken. Trial by jury. Verdict for the plaintiff. Motion for a new trial overruled. The evidence is in the record.

M. Milford, for appellant. T. F. Davidson, for appellee.

Dunn, in his lifetime, remitted to Mrs. Ferguson a sum of money, with directions to loan it. The latter failed to loan the money, but used it herself. It is claimed that there is a failure in proof; that the…