Smith v. Odell

Plaintiffs employed the common counts to state their case, declaring, respectively, upon an account, an account stated, for merchandise, etc., sold, for money paid by plaintiffs’ assignor for defendant, and for money had and received. Defendant filed a special plea as follows:

“The account sued on and the indebtedness alleged to be due from defendant to plaintiff, the foundation of this suit, is based on a gambling consideration; therefore defendant prays judgment.”

Plaintiffs introduced a verified account containing several items of debit and credit and a balance drawn, and showed by their…