Burrus v. . Witcover
Supreme Court of North Carolina
Appeal from Whedbee, J., .at November Term, 1911, of CRAVEN. This is an action to recover on a draft for $800, drawn 4 June, 1906, at Marion, S. 0., by "W. A. Godbold, in favor of Burrus & Strakley, and accepted by the defendant Witcover. The defendant set up as a defense that the consideration for his acceptance was a gambling- contract between the said God-bold and the plaintiff for the purchase of cotton.
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Appeal from Whedbee, J., .at November Term, 1911, of CRAVEN. This is an action to recover on a draft for $800, drawn 4 June, 1906, at Marion, S. 0., by "W. A. Godbold, in favor of Burrus & Strakley, and accepted by the defendant Witcover. The defendant set up as a defense that the consideration for his acceptance was a gambling- contract between the said God-bold and the plaintiff for the purchase of cotton. The plaintiff offered evidence that he was the owner of the draft, and admitted that the firm of Burrus & Strakley had negotiated a number of contracts for Godbold for the purchase of…
1Opinion of the CourtAlleN, J.
The plaintiff objected to the introduction of the certified copy of the laws of South Carolina, and while we think it was competent, it is not, in our opinion, material to the decision of this case, as our courts would not aid in the enforcement of the contract, if it is a gaming contract, although valid in South Carolina. Gooch v. Faucett, 122 N. C., 272; Cannaday v. R. R., 143 N. C., 443.
In the latter case, after stating that ordinarily matters bearing upon the execution, interpretation, and validity of a contract are determined by the law of the place where it is made, Justice Gonnor says:…
2Cases cited4 opinions
- Embrey v. JemisonSupreme Court of the United States · 1889
- Williams v. . CarrSupreme Court of North Carolina · 1879
- Garseed v. Sternberger.Supreme Court of North Carolina · 1904
- Ballard v. . GreenSupreme Court of North Carolina · 1896
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- Bundy v. . Commercial Credit Co.Supreme Court of North Carolina · 1931
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- Davis v. DavisSupreme Court of North Carolina · 1967
- Orvis Bros. v. Holt-Morgan MillsSupreme Court of North Carolina · 1917
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