Chapin v. Austin

The first defense is that the paper sued upon was intended to be a receipt and that it was not intended that defendant be personally hable thereon. The second defense is that the note was made as a part of an illegal transaction, i. e., the financing of a bookmaking business. The court finds that the transaction between the parties was as testified to by the plaintiff and not as testified to by the defendant and his witnesses. There was no partnership between plaintiff and defendant. Defendant borrowed the money and gave his promissory note therefor. The first defense, therefore, fails. The…