Keen v. Butterworth

McCADEB, Judge,

The plaintiff, Sam B. Keen, filed this suit for recovery of the face amount, together with interest and attorney fees, of a promissory note executed by the defendant, A. B. Butterworth, to plaintiff’s order on June 1, 1931, for the sum of ,$561.95. The defendant admits signing the note but asserts that he is not liable because the, obligation was given to plaintiff in payment of a gambling debt which he incurred in a dice and poker game.

In the district court, there was judgment in favor of the plaintiff as prayed for. The defendant has prosecuted a suspensive appeal from the…