Gulf Collateral, Inc. v. Cauble

OPINION

MASSEY, Chief Justice.

Gulf Collateral, Inc., assignee of an indebtedness evidenced in writing (not a negotiable instrument), sued the appellee Rex C. Cauble to collect $50,000.00. The trial court granted the summary judgment for which defendant/appellee prayed and Gulf Collateral, Inc. appealed.

Premise upon which appellee’s Motion For Summary Judgment was predicated was his affirmative defense of illegality in that the indebtedness sued on was created for gambling purposes. The burden to be discharged, incumbent upon appellee, was to show that the debt had been created for such…