GAMING. 443 



whether the plaintiff requires any aid from the illegal 

 transaction to establish his case (o). As where illegality 

 appeared upon the plaintiff's own showing, who was 

 unable to establish his case, without setting up an illegal 

 agreement ( i)) . 



■ Bills of Exchange, Promissory Notes, or Mortgages Securities for 

 given for money lent knowingly for the purpose of ^"^^ ^^^^^ 

 Gaming, or playing at any Grame, or lent at the time and °* 



place of such play {<}), to persons who during any part of 

 the time may play, are to be deemed to have been given 

 for an illegal consideration (r). 



Thus where an action was brought to recover the sum Action on a 

 of 25/. on a Promissory Note given by the defendant to Promissory 

 the plaintiff, the defendant pleaded that he had given the 

 Note as security for a sum of money which the plaintiff 

 had given him to enable him to carry out a gambling pur- 

 pose on their joint account, namely — to enable him to make 

 certain Bets on a Plorse Race. And on this plea being 

 proved, the Jury found a verdict for the defendant (.s). 



To an action on a Promissory Note, the defendant Identification 

 pleaded that it was given for a Gambling transaction, but ^' -^ xr f 

 gave the plaintiff no Notice to produce it, and it was not 

 produced. At the trial, the defendant gave evidence that 

 he had never given the plaintiff any other Note than the 

 Note in question. It was held that in the absence of the 

 production of the Note, this was not sufficient to identify 

 the Note referred to in the plea with the Note sued on {t). 



An I O U being a mere acknowledgment of a debt, An I U. 

 does not amount to a Promissory Note. It is prima facie 

 evidence of an account stated, but not of money lent («). 

 And it has been held that a Bill in Equity will lie to dis- 

 cover whether an I TJ was given for money lent for the 

 purpose of Gaming (r). 



Money lost at Play when paid cannot be recovered back Money lost 



at Play. 



(o) Simpson v. Bloss, 7 Taunt. (.s) Meynell v. Bone, before Mr. 



246; i^ii-ar V. A"iV/io/;«, 2 C. B. 501, Baron Alderson, Middlesex Sit- 



513 ; Broom's Maxims, 4th ed. tings, E. T. 1853. 



692, 693. (0 Meynell v. Bone, 21 L. T. 158. 



{p) See Mart in Y. Smith, 6 Scoit, («) Ftsenmayer y. Adcoek, 10 M. 



N. R. 272. & W. 449 ; Croker y. JFalsh, 4 Ir. 



(fj) If the money is lent at the Jur. 293 (Ex. Ir.) ; Byles on Bills, 



time and place, the purpose of the 13th ed. 29, and the cases there 



loan is assumed ; loot v. Baker, cited. 



5 M. & G. 339. ((•) Wilkinson v. VEaugier, 2 Y. 



(r) 5 & 6 Will. 4, c. 41 ; and see & C. 366. 

 Giving a Security for a Bet, p. 425. 



