9 Tex. 260 | Tex. | 1852
The whole evidence offered, excepting the note, was on tlio part of Crump, and it is all reconcilable. The note was not given as a wager on the result of the race, but was deposited as a forfeiture if the race was not run. The evidence is very unsatisfactory and does not make out the defense set up by Crump, if that was a good defense in law, which, however, is not admitted. If it had been charged in the answer of Crump that there was a fraudulent combination between Ililburn and Secrest that the note sued should be
Judgment affirmed.