Lockman v. Cobb
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Alexander M. Durrie, Judge; 1. It was error to take the case from the jury and direct a verdict for plaintiff.
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Appeal from Garland Circuit Court; Alexander M. Durrie, Judge; 1. It was error to take the case from the jury and direct a verdict for plaintiff. It was for the jury alone to pass upon the sufficiency of the evidence to establish fraud, and the existence of a conspiracy. 23 Ark. 115; 37 Ark. 580; 45 Ark. 165; 45 Ark. 492; 58 Ark. 108; 19 Ark. 648; 39 Ark. 413; 43 D. R. A. 505. 2. If plaintiff engaged in the undertaking with intent to aid and encourage an unlawful and immoral transaction, he is in pari delicto with defendants, and cannot recover. 47 Ark. 383; 48 Ark. 487; 53 Ark. 147; 63 Ark.…
1Opinion of the CourtBattle, J.
This action was brought by J. W. Cobb against R. H. Williams, C. A. Ryan, G. R. Thompson, and I. E. Johnson, to recover money which he alleged was obtained by them through fraudulent acts and representations. The defendants answered, and denied the material allegations of plaintiff’s complaint, and alleged that plaintiff “had parted with his money on a bet or wager upon an unlawful game; and that in betting his money he did so with the purpose and intent of wrongfully and fraudulently winning the money of the person against whom he was betting, and that if there was any fraud or conspiracy in…
2Cited by9 opinions
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
- State v. DionneConnecticut Superior Court · 1962
- Falkenberg v. AllenSupreme Court of Oklahoma · 1907
- Schmitt v. GibsonCalifornia Court of Appeal · 1910
- Grim v. CheatwoodSupreme Court of Oklahoma · 1953
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