Kennedy v. McCain

We are of opinion that the learned judge below was right in directing a compulsory nonsuit. The plaintiff had entirely failed to sho,w any breach of contract. On the contrary, it may be fairly inferred from her own testimony, that Mr. Gil-pin had invested the money referred to in his receipt of February 5,1874. That it may have been lost is not to the purpose, as Mr. Gilpin did not guarantee the sufficiency of the security, and this suit is not upon a guaranty.

Judgment affirmed.