Smithson v. Love

The plaintiffs in error, as plaintiffs, sued the defendant in error, as de fendant, to recover on a promissory note in the sum of $1,336, upon which a payment of $300 had been made, and for the foreclosure of a mortgage given to secure the payment of the same. The defendant pleaded a general denial and alleged that the note was void because it grew out of a wager and was given in satisfaction of a bet the plaintiffs and defendant made as to whether a certain oil well then drilling would produce oil or be a dry hole. The plaintiffs filed a reply wherein they alleged that the consideration for…