Monroe v. Smelly

This suit was instituted by the appellant against the appellees, upon a promissory note for one thousand and fifty dollars, given by the appellees to one Robert Hale, and transferred by Hale, after maturity, to the appellant. The defendants in the court below pleaded that the note was given for money won at a game called “ten pins.” The evidence fully sustained the plea, and the presiding judge instructed the jury as follows: “If the jury believe from the evidence that the note read in evidence was given for money bet and lost at a game of ten pins, it cannot be collected by law.”

The only…