Legal Opinion

Unger v. Boas

Supreme Court of Pennsylvania

Decided May 15, 1850PublishedCited by 8 opinions

Error to the Common Pleas of Dauphin county.. This was an action of assumpsit by Unger as indorsee against. Boas, to recover on a note dated in April, 1846, for f200. The Note was payable to the order of Boas, and by him indorsed.— The plaintiff claimed as being an innocent indorsee, without notice, and that the note was taken by him for a valuable consideration.

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Error to the Common Pleas of Dauphin county.. This was an action of assumpsit by Unger as indorsee against. Boas, to recover on a note dated in April, 1846, for f200. The Note was payable to the order of Boas, and by him indorsed.— The plaintiff claimed as being an innocent indorsee, without notice, and that the note was taken by him for a valuable consideration. Defence was made on the ground that the note was given for a gaming debt at the time and place of play, and that it was void; that the defendant was playing at a 'faro table, in the city of Philadelphia, and that he gave the note in…

1Opinion of the Court

■ The opinion of the court w,as delivered by

Burnside; J.

The statute of Anne, ch. 14, sec. 1, makes notes given for money lost at play utterly void, frustrate and of none effect to all intents and purposes whatsoever, 4 Bacon Ab. Title Gaming. By the act of our legislature against gaming, Dunlop’s Dig. 201, act of April, 22, 1794; 3 Smith’s Laws 177, sec. 8, persons losing money at any game of address or hazard, play or game whatsoever, “shall not be compelled to pay or make good the same; and every contract,- note, bill, bond, judgment, mortgage, or other security or conveyance whatsoever,…

2Cited by8 opinions

  1. Collins v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1905
  2. Third Nat. Bank v. HarrisonU.S. Circuit Court for the District of Eastern Missouri · 1882
  3. Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
  4. Northern National Bank v. ArnoldSupreme Court of Pennsylvania · 1898
  5. Prudential Ins. Co. of America v. PetrilDistrict Court, E.D. Pennsylvania · 1942

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