Shropshire v. Glascock
Supreme Court of Missouri
This was an action of debt by petition and summons, instituted in the Marion circuit court by plaintiff against defendants, on a bond for the sum of two hundred and fifty dollars. The defendant, after pleading several pleas, which were demurred to, plead a special plea; averring that the bond sued on was executed by defendants to secure the forfeit upon a horse race; and that therefore, the consideration was illegal and void by the statute in such case, made and provided.
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This was an action of debt by petition and summons, instituted in the Marion circuit court by plaintiff against defendants, on a bond for the sum of two hundred and fifty dollars. The defendant, after pleading several pleas, which were demurred to, plead a special plea; averring that the bond sued on was executed by defendants to secure the forfeit upon a horse race; and that therefore, the consideration was illegal and void by the statute in such case, made and provided. The plaintiff demurred to the plea, and the defendants had judgment upon the demurrer, and the plaintiff brings the cause…
1Opinion of the Court
Statement of the case and opinion of the court, delivered by
McGirk, Judge.
Shropshire brought an action of debt on a bond, against Glascock and Garner, for $250, in the circuit court of Marion county. The defendants appeared and pleaded several pleas. The 4th plea asserts that the parties agreed to run a horse race for $500; and that it was fur*539ther agreed, that in case either should fail to run said race, then he should forfeit to the other the sum of $250; and that to secure said forfeiture, the bond in question was made and delivered to Shropshire — wherefore, they pray iudgment, &c. This…
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