James Clark McReynolds

“ But, your honor, I submit there aren't any questions of fact on which to go to the jury; I submit the matter is purely a matter of law for your honor to determine; and I think the question whether the agreement is or is not champertous is one of law for the court.
'The Court: Well, Mr. Rogers, you may either rest on the motion of the defense and take an exception to such ruling as I make, if it should be adverse, or you can ask to go to the jury. That is entirely for you to determine. ”

“ He was told the company did not have the money and could not pay him, and thereupon he said, that if the company would pay him $5,000, in cash he would cancel the indebtedness. After some reflection the president, Mr. Mandelbaum, told him that the corporation would transfer to him all rights it had against the defendants, if he would be willing to accept it as a satisfaction of the company's indebtedness to him. The plaintiff told him that he would think it over and give him an answer. ”

“ All parties agreeing, the court directed a separate trial before a jury upon the issues of fact and law arising under the special defense. Plaintiff in error testified in his own behalf and called two other witnesses-none were called by the defendants. ”