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POSEY v. MYERS

78-96.

370 So.2d 986 (1979)

Cecil W. POSEY v. Sam MYERS, Jr.

Supreme Court of Alabama.

May 11, 1979.

Attorney(s) appearing for the Case

Huey D. McInish, of Lee & McInish, Dothan, for appellant.

Herman W. Cobb, of Buntin & Cobb, Dothan, for appellee.

BLOODWORTH, Justice.

This is an appeal by defendant Posey from the overruling of his motion for new trial in a suit brought by plaintiff Myers seeking repayment from Posey of a purported loan. We reverse and remand.

The plaintiff Myers alleged that he loaned the defendant Posey $19,000 to help Posey start a finance business. Myers testified that he had not been repaid.

Posey contended that the $19,000 was a business investment, part of a $50,000 investment...

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