Holmes v. Smith
Holmes v. Smith
Opinion of the Court
Action by the plaintiff, Smith (appellee here), for money loaned. Holmes, appellant, contends that the money was borrowed by him of plaintiff for a corporation of which he, Holmes, was the treasurer. No other defense was made. Trial was to the court without a jury. Judgment for plaintiff.
The principal contention made on this appeal is that the evidence is not sufficient to support the findings of the trial court that the money was loaned by appellee to appellant personally. The money was paid-by appellee’s personal check, made payable to the order of appellant. There is no testimony whatever that appellant stated to appellee at the time he borrowed the money that he desired to borrow the same for the corporation, or that he
The findings and judgment of the trial court are abundantly supported by the evidence, and the judgment must be affirmed.
Judgment Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.