Young

Action of assumpsit for money alleged to have been loaned by plaintiff to defendant. Judgment for defendant, from which, and from an order denying his motion for a new trial, the plaintiff brings this appeal.

*129 The evidence for plaintiff tends to prove money paid or expended for the defendant, rather than money loaned; but no point is made on this ground. Whether the money had been paid for the defendant, or at his request, and whether he had promised to repay it, were the principal questions contested at the trial. The defendant testified that no money had been paid or expended by plaintiff for him, or at his request. On cross-examination, he testified that he was at plaintiff’s house probably half a dozen times while he was building a house on a piece of public land, which he had entered as a pre-emptioner, in the vicinity of plaintiff’s residence, and that he was at plaintiff’s house on the evening after he entered the land. He was then asked the following question: —

“ Do you recollect having any conversation there with Mr. Young (plaintiff), in the presence of Miss Green, during this time, in reference to how thankful you were that he had secured this claim (the…