Searles v. Lum
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. ’ (1) A judgment obtained upon a gambling contract is void by the statute, and equity will give no relief, although the defense might have been made at law; nor will it make any difference that the note, on which the judgment is based, passed for value into the hands of an -innocent purchaser.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. ’ (1) A judgment obtained upon a gambling contract is void by the statute, and equity will give no relief, although the defense might have been made at law; nor will it make any difference that the note, on which the judgment is based, passed for value into the hands of an -innocent purchaser. Lucas v. Wane, 12 Sneed. & M. 157; Martin v. Terrel, 12 Sneed. & M. 571; Smither v. Keyes, 30 Miss. 179; 8 Am. and Eng. Ency. of Law, p. 1020; Oheatham v. Young, 5 Ala. 353. (2) A contract (and submission to arbitration is a…
1Opinion of the CourtGoode, J.
Prior to 1893, tbe’respondent was a cotton dealer in Vicksburg, Mississippi, and tbe appetent was one of bis patrons. Respondent sold out bis business to bis brother and left Vicksburg. Before be left, tbe appellant, who bad known bim from boyhood and bad been one of bis schoolmates, said to bim that be might want a line of credit with bis brother, with whom be was not so well acquainted and requested tbe respondent to guarantee bis account. Searles •agreed to do this. Tbe result was be was called on in tbe course of a few months to make good an indebtedness tbe appellant owed to tbe amount…
2Cases cited5 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Tyler v. CarlisleSupreme Judicial Court of Maine · 1887
- Hoyt v. . CrossNew York Court of Appeals · 1888
- Ballard v. . GreenSupreme Court of North Carolina · 1896
- Roberts v. BlairSupreme Court of Colorado · 1887
3Cited by1 opinion
- Saunders v. BakerMissouri Court of Appeals · 1907