Swinney v. Edwards
Wyoming Supreme Court
Error to the District Court, Fremont County, HoN. Jesse Knight, Judge. This was an action upon a promissory note brought by Charles Edwards, tbe payee, against David L. Swinney, the maker. The defense was that consideration of the notes was money won at cards. Judgment was rendered for the plaintiff, and the defendant prosecuted error. The facts are stated in the opinion.
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Error to the District Court, Fremont County, HoN. Jesse Knight, Judge. This was an action upon a promissory note brought by Charles Edwards, tbe payee, against David L. Swinney, the maker. The defense was that consideration of the notes was money won at cards. Judgment was rendered for the plaintiff, and the defendant prosecuted error. The facts are stated in the opinion. The statute provides that all contracts, notes, etc., the consideration whereof shall be money or any other valuable thing won by gaming, shall be utterly void and of no effect. (B. S. of 1887, Sec. 1001.) “Void” means…
1Opinion of the Court
Corn, Justice.
This was a suit brought by Edwards, the defendant in error, against Swinney, the plaintiff in error, upon a promissory note of Swinney due three months from date, and payable to Edwards. The defense was that the consideration of the note was money won at cards. Upon a trial by the court without a jury the court found for the plaintiff generally, and gave judgment in his favor for the amount of the note and interest; but also made special findings, as follows: “That the note was given in consideration of a debt due for a gambling transaction; that the plaintiff was not present at…
2Cases cited4 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Glenn v. Farmer's Bank of North CarolinaSupreme Court of North Carolina · 1874
- Weed v. BondSupreme Court of Georgia · 1857
- Ivey v. NicksSupreme Court of Alabama · 1848
3Cited by3 opinions
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