Worthington, Bellows & Co. v. Whitman

The plaintiff below, plaintiff in error here, brought suit in the municipal court of Cleveland against the defendant upon a promissoiy note, dated September 5, 1919, for $1,646.86, with interest at 6% payable on demand.

The defendant, in answer to the statement of claim, set up by way of defense that the note was obtained by duress, and that the sole consideration *162therefor was money lost by the defendant in gambling, to-wit: the purchase and sale of certain listed stocks on what is known as a “margin,” without the intent of either party to make actual delivery of the stocks at any time. And by…