Bagneris v. Smoot

This suit is on two promissory notes for $1,000 each, with interest and 10 per cent, attorney fees. The notes were executed on October 14, 1919, and payable in 45 and 90 days, respectively.

The defendant admits signing the notes, but denies legal liability for the reason that the consideration for which said notes were given was a gambling debt due the plaintiff by the defendant.

After hearing the testimony on the trial of the ease, the judge sustained the defense and rejected the plaintiff’s demand.

We have carefully examined and considered the evidence and fully concur in this finding of fact.

T…