Kendall v. Fries

The opinion of the court was delivered by

Swayze, J.

This is an action upon two checks given by the defendant to the plaintiffs. The defence was that they were given in substitution for other cheeks, and that the transaction originated in a gambling contract for speculation in stocks and cotton. The trial judge directed a verdict for the plaintiffs.

We hare not found it necessary to consider whether the cheeks were given in exchange for money or its equivalent, and the money used to take up other checks, or whether the whole series of checks is connected with the original transaction, for the…