Hamilton v. Cash

This is an action upon a promissory note, given as part of the purchase price for a number of marble machines, the same being declared by statute to be gambling devices and prohibited by penal statute. The action was defended on the ground that the consideration of the note was unlawful and void as against public policy. Judgment was for the plaintiff, and the defendant appeals.

The only question presented is as to the validity and enforceability of the note.

Sections 9486 and 9487, O. S. 1931, define what constitutes unlawful contracts and read as follows:

“Section 9486. Those contracts are…