WAGERS. 413 



wbicli see post, p. 418. In the absence of any evidence tliat 

 the defendant entered into contracts that there should be no 

 delivery of the stock, and that differences only should be 

 paid, the Court assumed that he entered into proper 

 contracts, and held that the plaintiff was therefore entitled 

 to recover {t). 



"Where securities are deposited as cover in respect of Recovery 

 wagering transactions in stocks and shares, the depositor Se ^^"•'f '^'^ 

 can maintain an action for their return. Such a deposit is cover. 

 not a deposit to abide the event upon which a wager has 

 been made, as the statute applies only to the deposit of 

 that which becomes the property of the winner of the wager 

 the moment that the event shows that he has won {u). 



It is enacted by 14 Geo. 3, c. 48, s. 1, that " No insurance statute 

 shall be made by any person or persons, bodies politic or against 

 corporate, on the life or lives of any person or persons, or wifci^J°° 

 on any other event or events whatsoever, wherein the 

 person or persons for whose use, benefit, or on whose account 

 such policy or policies shall be made, shall have no interest, 

 or by way of gaming or wagering ; and that every assurance 

 made, contrary to the true intent and meaning hereof, shall 

 be null and void to all intents and purposes whatsoever." 



An agreement in the form of a policy upon the sex of a What held 

 person is a wagering policy within the meaning of this *" be such 

 statute (x). So is an engagement, in consideration of forty 

 guineas, to pay 100/. in case Brazilian shares should be 

 done at a certain sum on a certain day, subscribed by several 

 persons, each for themselves (y) ; but a promise to pur- 

 chasers of a preventive of influenza to give 100/. to any 

 purchaser not finding the prevention effectual is not (s). 



Where a wager was made that war would be declared Wager as to 

 against France within three months, it was held by the 0!*^^"^^*""^ 

 Courts of Queen's Bench and Common Pleas, although the 

 Court of Exchequer was of a contrary opinion, that the 

 wager was void under 14 Greo. 3, c. 48. No judgment, 

 however, was ever given on the case (a). 



Where money was advanced upon an assignment of an What was 

 expected devise, with a condition that if there should not j^'^''^ ^^ *° 



(t) Fuller V. Ferryman, 11 Times — C. A. policy. 



L. E. 350 — C. A. (x) Roebuck v. Sammerton, Cowp. 



(«) Strachan v. Universal Stock 737 ; Da Costa v. Jones, Ibid. 729. 

 Fxchamge, [1895] 2 Q. B. 329 ; 14 (xj) Faterson v. Foivell, 9 Bing. 



E. 223; 73 L. T., IST. S. 6; 43 320. 



W. E. 611 — C. A. As to the re- (z) Carlill-^. Carbolic Smoke Ball 



covery of money deposited as cover, Co., [1893] 1 Q. B. 256 — C. A. 

 see Strachan v. Universal Stock Ex- [a] See Foster v. Thackeray, cited 



change (No. 2), [1895] 2 Q. B. 697 in Allen v. Beam, 1 T. E. .37, n. 



