Calvert v. . Williams
Supreme Court of North Carolina
. Case-agreed, decided by Watts, J., at Fall Terra 1869 of Warren Court. Tbe claim of tbe plaintiff was founded upon a note given to him by tbe defendant, partly in satisfaction of another note, and partly for board. The former note had been made by the defendant to one Christmas, for money won at cards; and it had been endorsed to the plaintiff by Christmas, for value, and without notice of its consideration; and at the time the new note was given, he had no such notice.
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. Case-agreed, decided by Watts, J., at Fall Terra 1869 of Warren Court. Tbe claim of tbe plaintiff was founded upon a note given to him by tbe defendant, partly in satisfaction of another note, and partly for board. The former note had been made by the defendant to one Christmas, for money won at cards; and it had been endorsed to the plaintiff by Christmas, for value, and without notice of its consideration; and at the time the new note was given, he had no such notice. His Honor, thinking the plaintiff was not entitled to recover, gave judgment for the defendant; and the plaintiff…
1Opinion of the Court
Pearson, 0. J.
A note to secure the payment of money won at cards, is void by statute. Although the note be passed by endorsement, for valuable consideration, and without notice to the endorsee, it is void in his hands. So, i the maker executes a second note to the original payee, either in renewal of the first note simply, or including another debt, the second note is void; for it is to secure the paymen of money won at cards, and the taint in the part of the consideration vitiates the whole — “a rotten egg:" Palmer v. Giles, 5 Jon. Eq. 75.
In our case the maker executed the second note to…
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