Woolfolk v. Duncan
Missouri Court of Appeals
Appeal from the Henry Circuit Court. — Hon. J. H. Lay, Judge. (1) A note given for money won at a bet or wager on any election authorized by the constitution and laws of this state is void under sections 5211 and 5215, Revised Statutes of 1889. The bets admitted to have been made by the parties in this cause, come within the inhibition of section 5215, Revised Statutes 1889. Ryan v. Judy, 7 Mo. App. 75; Biek v. Seal, 45 Mo.
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Appeal from the Henry Circuit Court. — Hon. J. H. Lay, Judge. (1) A note given for money won at a bet or wager on any election authorized by the constitution and laws of this state is void under sections 5211 and 5215, Revised Statutes of 1889. The bets admitted to have been made by the parties in this cause, come within the inhibition of section 5215, Revised Statutes 1889. Ryan v. Judy, 7 Mo. App. 75; Biek v. Seal, 45 Mo. App. 475. (2) When the contract grows immediately out of and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it, and if…
1Opinion of the Court
SMITH, P. J.-
This is an action which was brought on a promissory note for $125.' The defendant, by his answer, interposed the defense that the said note “was given for money won at a bet or wager on an election authorized by the constitution and laws of this state,” and was therefore “wholly without consideration and void,” etc.
Statement. The cause was tried by the court without the aid of a jury. It appears from the undisputed evidence that the plaintiff and defendant made two bets on the result of the presidenta! election which took place in 1896. The plaintiff bet with defendant $75…
2Cases cited9 opinions
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- Sumner v. SummersSupreme Court of Missouri · 1873
- Bick v. SealMissouri Court of Appeals · 1891
- Gwinn v. SimesSupreme Court of Missouri · 1875
- Hatch v. HansonMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
- Bankers Mortgage Co. v. LessleyMissouri Court of Appeals · 1931
- State v. BennMissouri Court of Appeals · 1902