Arnold White, C.J.

1. The plaintiff sued on a promissory note executed in her favor by the defendant. The execution of the note was admitted by the defendant. The defendants plea was that he executed the note in consideration of an undertaking by the plaintiff that the plaintiff would bring her daughter to the defendants village in South Arcot, and put her under his protection as his concubine during the rest of her life, and that she (the plaintiff) failed to carry out the undertaking. The issue was "was the consideration for the plaint promissory note immoral, and is it void for failure of consideration as alleged in the written statement?

"It seems to me that the latter portion of the issue is unnecessary. If the defendant was able to show that the consideration for the note was immoral, the question whether the consideration failed or not would be immaterial.

2. At the trial the execution of the note having been admitted by the defendant, and the onus being on him, he went into the box for the purpose of proving his plea of immoral consideration, and certain witnesses were examined on his behalf. At the close of the defendants case it was submitted on behalf of the plainti