Wolpert v. Knight

OPINION

By the Court,

Badt, C. J.:

Knight recovered a judgment for $2,000 against Wolpert on his complaint based on Wolpert’s check for $2,500 issued and delivered by Wolpert to Knight to take up five earlier $500 checks. Wolpert pleaded as a special defense that the check was given in consideration of a gambling debt. The court’s finding against this contention is amply supported by the record, which, without contradiction, shows that on each of four occasions at which Knight cashed Wolpert’s $500 check, Wolpert was not indebted to Knight. A fifth $500 check was executed by Wolpert at the…