Broderick v. O'Leary

This was an action of assumpsit on a promissory note for $500 given by defendant to plaintiff, dated March 16, 1891, due in five years with interest at six per cent per annum. Defendant pleaded the general issue with notice of set-off; that the note was given for money lost as the result of speculation in.the market price of grain by buying and selling deals in options, and that the note was obtained by fraud and circumvention after the plaintiff had procured the defendant to become drunk, and that there was no consideration therefor. A jury was waived and the cause tried by the court and…