J. M. Brunswick & Balke Co. v. Valleau
Supreme Court of Iowa
Appeal from Winneshiek District Court. Action upon five promissory notes. The answer avers that the sole consideration of the notes was “two billiard tables sold by plaintiff to defendant in Iowa, with the knowledge, understanding, agreement, intent and purpose on the part of plaintiff and defendant that the same were to be and should be used in the town of Decorah, Iowa, as implements for gambling, in violation of the statutes of Iowa, and that in pursuance of such intent…
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Appeal from Winneshiek District Court. Action upon five promissory notes. The answer avers that the sole consideration of the notes was “two billiard tables sold by plaintiff to defendant in Iowa, with the knowledge, understanding, agreement, intent and purpose on the part of plaintiff and defendant that the same were to be and should be used in the town of Decorah, Iowa, as implements for gambling, in violation of the statutes of Iowa, and that in pursuance of such intent the tables were so used.” There was a trial by jury, verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtAdams, J.
i tondo» ana ™¿eekaemay be unlawful. I. The court gave an instruction which is in the following words: “You are instructed, as matter of law, that flie mere fact that the plaintiff had knowledge that the tables were to be used for the purp0ge 0:£ playing games, to-wit: pin-pool and billiards, thereon, constitutes no defense to plaintiff’s action on the notes. In addition to the knowledge on the part of plaintiff that the tables were to be used for such gambling purposes, it must further appear from the evidence that it was a part of the contract that they should be so used, and that the…
2Cases cited1 opinion
- Tracy v. . TalmageNew York Court of Appeals · 1856
3Cited by9 opinions
- Anheuser-Busch Brewing Ass'n v. MasonSupreme Court of Minnesota · 1890
- State v. BolandSupreme Court of Iowa · 1950
- J. R. Watkins Co. v. SalyersIllinois Supreme Court · 1943
- Jackson v. City National BankIndiana Supreme Court · 1890
- Parker-Gordon Importing Co. v. BenakisSupreme Court of Iowa · 1931
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