444 



GAMING. 



Securities for 

 money lent 

 for gaming. 



Identification 

 of a promissory 

 note. 



AnI OU. 



Money lost 

 at play. 



Securities for 

 money so lost. 



the plaintiff's own showing, who was unahle to establish his 

 case, without setting up an illegal agreement (/;). 



Bills of exchange, promissory notes, or mortgages given 

 for money lent knowingly for the purpose of gaming, or 

 playing at any game, or lent at the time and place of such 

 play (q), to persons who during any part of the time may 

 play, are to be deemed to have been given for an illegal 

 consideration (r). 



To an action on a promissory note, the defendant pleaded 

 that it was given for a gambling transaction, but 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 («). 



An I U being a mere acknowledgment of a debt, 

 does not amount to a promissory note. It is. ji rim a facie 

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

 And it has been held that a bill in equity wiU lie to dis- 

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

 purpose of gaming (««). 



Money lost at play when paid cannot be recovered back 

 again by the loser («■). But if it has not been paid, the 

 winner cannot maintain any action for it, because the 

 contract is null and void {«). 



All securities under seal, except mortgages, given for 

 money lost at lawful play, or at any legal game, would now 

 appear to be good («/). But where a promissory note, a 

 bdl of exchange, or a mortgage, has been given for money 

 so lost, it is not void as formerly, but is to be deemed and 

 taken to have been given for an illegal consideration (s). 

 The consequence of which is, that they are stiU void as 



2 C. B. 501, 513 ; Broom's Maxims, 

 4th ed., 692, 693. 



(p) See Martin v. Smith, 6 Scott, 

 N. E. 272. 



(q) If the money is lent at the 

 time and place, the purpose of the 

 loan is assumed ; Foot v. Saker, 



5 M. & G. 339. 



{»•) 5 & 6 Will. 4, c. 41 ; and see 

 Giring a security for a Bet, ante, 

 p. 414. 



(s) McyneM v. Bone, 21 L. T. 158. 



(i) Fi'seiimayer v. Adcock, 10 M. 



6 W . 449 ; Croker v. Walsh, 4 Ir. 

 Jur. 293 (Ex. Ir.) ; Byles on Bills, 



15th ed. 34, and the cases there cited , 



(u) Wilkinson v. L'Eaugier, 2 Y. 

 & C. 366. 



(■«) M'Kinnell v. Moiinson, 3 M. 

 & "W. 441 ; Thistlewood V. Cracroft, 

 1 M. & S. 500. 



(x) 8 & 9 Yict. c. 109, s. 18. 



(«/) Formerly void under 9 Ann. 

 c. 14, s. 1, which is altered and re- 

 pealed by 6 & 6 "WlU. 4, c. 41, ss. 1, 

 2, and 8 & 9 Vict. c. 109, s. 15. 



(z) 5 & 6 Will. 4, c. 41, Appen- 

 dix. The word "bill" in this Act 

 includes a cheque, Zt/nn v. Sell, 10 

 Ir. E. C. L. 487. 



