Legal Opinion

Saunders v. Baker

Missouri Court of Appeals

Decided January 14, 1907Published

Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) If appellant lost at the gambler’s table, and then borrowed money to pay his loss, the lender could recover the money loaned. Serles v. Lum, 89 Mo. App. 255; Roselle v. Beckmeier, 134 M'o. 380; Allgear v. Walsh, 24 Mo. App. 134; Hatch v. Hanson, 46 Mo. App. 323; White v. Wilson, 37 S. W. 677. (2) The contract which the defendant pleads was executed.

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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) If appellant lost at the gambler’s table, and then borrowed money to pay his loss, the lender could recover the money loaned. Serles v. Lum, 89 Mo. App. 255; Roselle v. Beckmeier, 134 M'o. 380; Allgear v. Walsh, 24 Mo. App. 134; Hatch v. Hanson, 46 Mo. App. 323; White v. Wilson, 37 S. W. 677. (2) The contract which the defendant pleads was executed. Courts with great unanimity have held that they will protect the result. Hatch v. Hanson, 46 Mo. App. 335; Roselle v. Beckmeier, 134 Mo. 391. (1) If the transactions out of…

1Opinion of the CourtJohnson, J.

Plaintiff alleges that he paid a debt of defendant’s at the latter’s request and brings this action to recover $2,605.76, the amount of the advance remaining unpaid. The defense in substance is that the only transactions of a pecuniary nature between the parties were gambling deals which occurred at Leavenworth, Kansas, where plaintiff conducted a gambling place commonly called a “bucket shop” in violation of the laws *296of Kansas and that defendant in fact paid all of his losses resulting from these transactions, hut, whether he did or not, any such obligation is void. A trial resulted in a…

2Cases cited9 opinions

  1. Irwin v. WilliarSupreme Court of the United States · 1884
  2. Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
  3. Crawford v. SpencerSupreme Court of Missouri · 1887
  4. Roselle v. BeckemeirSupreme Court of Missouri · 1896
  5. Connor v. BlackSupreme Court of Missouri · 1893

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