Ross v. Holman

The opinion of the court was delivered by

Marshall, J.:

This is an action on a promissory note. The defense is that the note was given for debts incurred in certain transactions prohibited by law. The plaintiffs recovered judgment. The defendant appeals.

1. One of the questions necessary to determine in order to reach a correct conclusion on the principal proposition is, Did the answer put in issue the legality of the consideration for the note? The answer contains a general denial and alleges:

“Defendant admits that he executed the note sued on herein, but says there was no legal consideration…