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2 Stew. 9

Baldwin v. Brogden

Supreme Court of Alabama

Decided January 15, 1829

Supreme Court of Alabama · decided 1829-01-15

In the Circuit Court of Pike county, I. M. Brogden brought an action of assumpsit against B. Baldwin, on a promissory note made by him, for #109 payable to one D. W. Edgerly or bearer, which by delivery had been transferred to Brogden.

Decided 1829-01-15

By THE CHIEF JUSTICE.

¶1The plaintiff below should have replied to the plea of set off, thatthe note was given for a gambling consideration. This would have given sufficient notice to the defendant, and he could have been prepared to meet the objection, but it was surely improper to receive the testimony without such a replication

¶2Judgment reversed and cause remanded

Judge Crenshaw not sitting.
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