Fenner & Beane v. Olive

GARDNER, Justice.

The complaint was upon the common counts. The defense rested largely upon the alleged illegality of the consideration; taking the form, to state it generally, that the cause of action arose out of gambling transactions in' cotton futures by the defendant, Olive, The form of pleading this defense, as set up in pleas 2 and 3, by way of illustration, has been approved (Shannon v. McClung, 210 Ala. 273, 97 So. 840; Faulk & Co. v. Fenner & Beane, 221 Ala. 96, 127 So. 673), and while not representing the perfection of pleading, aiid perhaps, from a technical standpoint, subject to…