Zeitz v. Foley

DUNCAN, Justice.

The judgment in favor of appellee is for $5,000 upon a promissory note. The appellant defended on the ground of illegal consideration and, upon the appeal, is insisting inter alia that the court should have peremptorily instructed a verdict in his favor and that the evidence does not support the verdict.

At the time of the transaction in question, appellee owned and operated a restaurant on Frankfort Avenue in Louisville, Kentucky. The restaurant had not been profitable and he had listed it with a real estate agency for sale. As a means of supplementing the legitimate income of…