Magill

The action was to recover moneys alleged due and owing from defendant on account of loans and advancements. The case was tried by jury, and after a verdict returned in favor of defendant, judgment was accordingly entered. A motion for a new tria] was denied. This appeal follows, plaintiff being the appellant.

No assignment is made of the insufficiency of the evidence to sustain the verdict. It is not claimed by appellant that the evidence, as a matter of law, is insufficient to justify the verdict and judgment. The foregoing statements are taken verbatim from appellant’s brief. Nor is complaint made of the action of the trial court in instructions given, modified or refused. The entire appeal involves certain claimed errors in the admission and rejection of testimony.

That the specifications of error may be discussed it becomes necessary to give some general outline of the ease.

While the complaint was in three counts, each seeking recovery of a specific amount, the real controversy results from one transaction involving the receipt by defendant of the sum of $1500, which amount admittedly passed from plaintiff to defendant. The aggregate of all the sums claimed was $1726.25,…