Lacy

This is an action to recover money which was alleged to have been loaned by plaintiff to defendant. The complaint alleged two separate loans, and the answer denied each allegation. The matter was tried before the court without a jury. The court found in favor of plaintiff and entered judgment accordingly. Defendant filed a motion for new trial which was denied. This is an appeal from the judgment and order denying motion for new trial.

Plaintiff testified that in July 1957 she agreed to loan defendant $2,500. In order to make the loan, plaintiff obtained a loan from the credit union at her place of employment. The loan sheet and a cancelled cheek from the credit union in the amount of $2,500 payable to plaintiff were received in evidence. Plaintiff cashed the check at a local bank and gave the money to defendant in cash. She stated there was a general understanding that this was to be a “long-term loan, there was no definite date for paying that back.”

In August 1958 defendant threatened plaintiff that she would not pay any of the amount previously loaned to her unless plaintiff would loan her an additional $1,500. In order to make the latter loan, plaintiff borrowed the money…