Scollans v. Flynn
Massachusetts Supreme Judicial Court
Contbact against James J. Flynn and Mortimer T. Downing on a check drawn by Flynn, for the sum of $400, upon the Freeman’s National Bank, payable to the order of Downing and by him indorsed. The check was also indorsed by the plaintiff. The declaration contained three counts. The first count was against Flynn as maker; the second against Downing as indorser ; and the third against Downing for money paid to him at his request by the plaintiff.
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Contbact against James J. Flynn and Mortimer T. Downing on a check drawn by Flynn, for the sum of $400, upon the Freeman’s National Bank, payable to the order of Downing and by him indorsed. The check was also indorsed by the plaintiff. The declaration contained three counts. The first count was against Flynn as maker; the second against Downing as indorser ; and the third against Downing for money paid to him at his request by the plaintiff. Trial in the Superior Court, before Allen, J., who allowed the following bill of exceptions : “ The plaintiff testified that in August, 1874, he went to…
1Opinion of the CourtAmes, J.
By the terms of the Gen. Sts. c. 85, § 4, it is provided that “ all notes, bills, bonds, mortgages or other securities or conveyances in which the whole or part of the consideration is money or goods won by gaming, or by betting on the sides or hands of persons gaming, or for reimbursing or repaying money knowingly lent or advanced for gaming or betting, or lent and advanced at the time and place of such gaming or betting to a person so gaming or betting, shall be void and of no effect as between the parties to the same, and as to all persons, except such as hold or claim under them in good…
2Cited by8 opinions
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