Tatum v. Kelley

This is an action on a promissory note for one thousand dollars, made by defendants to F, L. Gilbko, dated July 11, 1861, and payable’ on the 1st day of March, thereafter, indorsed to I. F. J. Spach, and by him to the plaintiff.

The defendants, besides the general issue, pleaded, first, that the consideration of the note were guns, purchased from the payee by the defendants, to arm men to wage war against' the United States, in the rebellion, which intention and purpose, were well known to the payee at the time of the sale; secondly,} in addition to the above averments, the plaintiff' knew…