Crowley

This appeal is from a judgment in favor of the plaintiff. The complaint contains two counts, the first of which alleges in substance that between December 30, 1924, and February 16, 1926, the plaintiff loaned and advanced to defendant on open book account the sum of $6,886.81 upon his promise to pay the same to plaintiff, then after setting out an itemized statement of the dates and amounts so advanced and loaned, it is alleged that no part of said sum so loaned and advanced had been repaid plaintiff, although the same is long past due.

The second account sets forth an account stated between plaintiff and defendant for the money claimed to have been loaned and advanced as alleged in the first count.

The defendant answered the first count by denying that between December 30, 1924, and February 16, 1926, upon his promise to repay the same, plaintiff loaned and advanced on open book account to defendant the sum of $6,886.81, or any other sum, as alleged in the complaint and denied that said sum, or any other sum, was long past due, and denied each of the allegations contained in the second count of the complaint.

The case was set for trial November 3, 1927, but was continued from…