Goffe & Carkener, Inc. v. Henneberger

The opinion of the court was delivered by

Burci-i, J.:

The action was one to recover on a promissory note given to plaintiff by defendant in settlement of a balance due on account for commissions on grain purchased and sold on the boards of trade of Kansas City, Mo., and Chicago, 111. The defense was that the transactions were gambling transactions, and the consideration for the note was illegal. Plaintiff recovered, and defendant appeals.

The judgment was rendered on an agreed statement of facts, which reads:

*212“It is admitted by the plaintiff and the defendant that the defendant gave the note set…