Webb v. . Fulchire
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Onslow County, at Spring Term, 1848, his Honor Judge Bailey presiding. This was an action of assumpsit, brought by the plaintiff to recover the sum of forty dollars. The jury found a verdict for the plaintiff1, subject to the opinion of the court on the following facts.
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Appeal from the Superior Court of Law of Onslow County, at Spring Term, 1848, his Honor Judge Bailey presiding. This was an action of assumpsit, brought by the plaintiff to recover the sum of forty dollars. The jury found a verdict for the plaintiff1, subject to the opinion of the court on the following facts. The defendant had three acorn cups and a white ball, which he placed under one of the cups in the presence of the plaintiff1. The defendant proposed to bet the plaintiff twenty dollars, that he could not tell which one of the three cups the ball was under. The plaintiff bet him that he…
1Opinion of the CourtRijffiN, C. J.
It is not denied that the law gives no action to a party to an illegal contract, either to enforce it directly, or to recover back money paid on it after its execution. Nor is it doubted, that money, fairly'lost at pfay at a forbidden game and paid, cannot be recovered back in an action for money had and received. Bnt it is perfectly cer- . tain, that money, won by cheating at any kind of game, whether allowed or forbidden, and paid by the loser without a knowledge of the fraud, may be recovered. A wager won by such undue means is not won in the view of the law, and, therefore, the money is…
2Cited by15 opinions
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Roller v. MurraySupreme Court of Virginia · 1911
- Courtney v. . ParkerSupreme Court of North Carolina · 1917
- Pierce v. CobbSupreme Court of North Carolina · 1913
- Smathers v. Bankers Life InsuranceSupreme Court of North Carolina · 1909
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