Williams Mfg. Co. v. Prock

RUSSELL, Circuit Judge.

When sued upon 78 notes, payable weekly, aggregating $23,479.80, the defendant interposed the defense that the consideration of the notes was the purchase of pin ball and baseball game machines which were gambling devices and therefore illegal under the law of Texas. After securing admissions from the plaintiff, and upon these, the pleadings, and the defendant’s uncontroverted affidavit, the defendant moved that the trial Court enter summary judgment in his behalf, his motion was granted, and plaintiff-appellant assigns error.

' The undisputed facts, properly established…