Campbell v. New Orleans National Bank
Mississippi Supreme Court
From the circuit court of Montgomery county. The New Orleans National Bank sued appellant upon a judgment. The defendant in the court below filed two pleas, each averring that the judgment sued upon was rendered by default upon a promissory note executed in this state to J. H. Allen & Co., to reimburse them for money paid for defendant, and as defendant’s agents, in a gambling transaction on the rise and fall of prices, commonly called dealing in futures.
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From the circuit court of Montgomery county. The New Orleans National Bank sued appellant upon a judgment. The defendant in the court below filed two pleas, each averring that the judgment sued upon was rendered by default upon a promissory note executed in this state to J. H. Allen & Co., to reimburse them for money paid for defendant, and as defendant’s agents, in a gambling transaction on the rise and fall of prices, commonly called dealing in futures. A demurrer to the plea first filed was sustained, and then the second one was presented, varying the defense only in form, and, a demurrer…
1Opinion of the Court
Woods, J.,
delivered the opinion of the court.'
The pleas allege, in unmistakable terms, a wagering contract, and the appeal from the judgment of the court below holding them bad, presents this single question, viz.: Is the fact that judgment was rendered on the note of appellant in settlement of his losses under the contract, a preclusion of inquiry as to the nature of that contract in an action upon the judgment ?
Section 990 of the code of 1880, and the corresponding section (2114), code of 1892, renders void any judgment on “any wager whatever, ’ ’ and the appellant, if he had paid the money…
2Cases cited1 opinion
- Clay v. T. H. Allen & Co.Mississippi Supreme Court · 1886
3Cited by6 opinions
- Ascher v. Edward Moyse & Co.Mississippi Supreme Court · 1911
- Gray v. RobinsonMississippi Supreme Court · 1909
- Carpenter v. Beal-McDonnell & Co.District Court, E.D. Arkansas · 1915
- Cohn v. BrinsonMississippi Supreme Court · 1916
- Minkus v. ArmstrongMississippi Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.