Osborn v. Pointer

HARWOOD, Presiding Judge.

This was a suit on the common count claiming $650 due by account.

The pleading was in short by consent, etc.

At the beginning of the trial below the attorney for the defendant announced that the defense would be “not indebted,” and that the plaintiff’s claim was based on an illegal consideration.

*272In his own behalf the plaintiff testified that on 11 May 1959, at the defendant’s request he had cashed five checks for him totaling $650; that payment had been refused by the bank on all of these checks.

On cross-examination the plaintiff testified that on 11 May 1959, the…