HALLEY, J.
Sam Vogel instituted this suit in the district court of Coal County against Roy L. Rushing to recover the sum of $100, less a credit of $2, alleged to be due upon account. The plaintiff alleged that he was entitled to recover this amount as the assignee of his brother, Snyder Vogel, who is alleged to have advanced and loaned to Roy L. Rushing this sum by check; that defendant agreed to repay such amount within a few days, with 6 per cent interest from December...
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