Bayer v. Burke

Appellant, Barry Bayer, appeals from an order granting appellee J. Shanard Burke’s motion for summary judgment. We affirm.

Appellant brought this action on a promissory note for $211,729.97 at fifteen percent interest per annum given to him by appellee on May 12, 1980. Appellee signed the note after losing $100,000.00 in bets placed with appellant and another $100,-000.00 on a “double or nothing” bet placed with appellant on a sporting event.

The trial court, in granting summary judgment, found that part of the consideration for the note was money lost at gambling and, therefore, the note was…