Baldwin v. Brogden , 2 Stew. 9 ( 1829 )

By THE CHIEF JUSTICE.

The 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

Judgment reversed and cause remanded

Judge Crenshaw not sitting.