Legal Opinion

Williams v. Tiedemann

Missouri Court of Appeals

Decided December 3, 1878PublishedCited by 19 opinions

Appeal from St. Louis Circuit Court, Contracts suck as that in issue are mere wagers, and will not be enforced. And where it appears that the parties intentionally adopted a legitimate form to cover a mere gambling or wagering transaction, or to overreach the law and evade the decisions of courts of justice, the mere parade of honest forms will not avail. — Waterman v. Bucldand, 1 Mo.

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Appeal from St. Louis Circuit Court, Contracts suck as that in issue are mere wagers, and will not be enforced. And where it appears that the parties intentionally adopted a legitimate form to cover a mere gambling or wagering transaction, or to overreach the law and evade the decisions of courts of justice, the mere parade of honest forms will not avail. — Waterman v. Bucldand, 1 Mo. App. 45; JBrua’s Appeal, 55 Pa. 296; Sanderson v. Shaw, 101 Mass. 145; Cassard v. Hinman, 1 Bosw. 201; Kirkpatrick v. Bonsall, 72 Pa. St. 155 ; Amory v. Gilman, 2 Mass. 6 ; Grazewood v. Blain, 73 Eng. Com. Law,…

1Opinion of the CourtLewis, P. J.

Plaintiffs sue on two drafts drawn in their favor by William L. Black, on defendant, and by him accepted, in March, 1877, one being for $1,000 and the other for $1,500. The defendant pleads by way of defence that the acceptances were without consideration, and were given on account of certain gaming or wagering contracts concerning the rise or fall of cotton in market price. Issue was joined on this defence, and the verdict of a jury was in favor of the plaintiffs.

The material question in the cause is whether the trans*271actions between the pai'ties were within that forbidden class of wagers…

2Cases cited4 opinions

  1. Mason v. PayneSupreme Court of Missouri · 1871
  2. Wolcott v. HeathIllinois Supreme Court · 1875
  3. Stanton v. SmallThe Superior Court of New York City · 1849
  4. Giles v. BradleyNew York Supreme Court · 1801

3Cited by19 opinions

  1. Hogston v. BellIndiana Supreme Court · 1916
  2. Kent v. MiltenbergerMissouri Court of Appeals · 1883
  3. Mohr v. MiesenSupreme Court of Minnesota · 1891
  4. Wall v. SchneiderWisconsin Supreme Court · 1884
  5. Conner v. RobertsonSupreme Court of Louisiana · 1885

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