OPINION FILED DECEMBER 30, 1952
REINHOLD HERTZBERG, PLAINTIFF-APPELLEE,
MAE BETZ, DEFENDANT-APPELLANT.
MAE BETZ, COUNTERCLAIMANT-APPELLANT,
REINHOLD HERTZBERG, COUNTERDEFENDANT-APPELLEE.
Appeal from the Circuit Court of Kankakee county; the Hon.
C.D. HENRY, Judge, presiding. Affirmed in part and reversed in
part. Heard in this court at the October term, 1952.
OPINION BY JUSTICE WOLFE.
Suit to recover money allegedly loaned to defendant. Defendant counterclaimed for payments for room and board which plaintiff had allegedly promised to pay. The Circuit Court, Kankakee County, C. D. Henry, J., entered judgment in favor of plaintiff and dismissed the counterclaim, and defendant appealed. The Appellate Court, Second District, Wolfe, J., held that evidence failed to sustain finding that defendant was indebted to plaintiff.
Affirmed in part, reversed in part.
In suit to recover money loaned to defendant, in which suit defendant alleged that the money received by her was a gift, evidence failed to sustain finding that defendant was indebted to the plaintiff.
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