The Manitoba Reports. V. 1-44-67. Containing Reports of Cases Decided in the Court of King's Bench And Court of Appeal for Manitoba ..
The Manitoba Reports. V. 1-44-67. Containing Reports of Cases Decided in the Court of King's Bench And Court of Appeal for Manitoba ..
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Robinson, 3 M. & W. 434 ; Lyne V. Siesfieldy 1 H. & X. 278. But it has been held that, although gaming and wagering contracts cannot be en- forced, they are not illegal. Fitch v. Jones, 5 E. & B.
238, is plain to that effect. Money paid in discharge of a bet is a good consideration for a bill of exchange : Oulds V. Harrison, 10 Ex. 572 ; and, if money be so paid by a plaintiff at the request of a defendant, it can be recovered by action against him: Knight v. Cambers, 15 C.B. 562; Jessopp V. Lu...twyche, 10 Ex. 614; Rosewame v. Billing, 15 C.B. (N.S.) 316; and it has been held that a request to pay may be inferred from an authority to bet: Old- ham v. Ramsden, 44 L.J, (C.P.) 309. Having regard to these decisions, I cannot hold that the statute above referred to precludes the plaintiff from maintaining this action.'' In Forget v. Ostigny, [1895] A.C. 322, the Lord Chan- cellor says: "Unless there was a gaming contract between the parties to this action so that the appellant in order to make good his claim must rely on such a contract, the defence obviously fails." And again, at page 326: "Even where a person is employed to enter into gamb- ling contracts upon conmiission, it has been held by the Courts of this country that, if he makes payments in pursuance of such employment, he can recover such pay- ments from his principal, that the implied contract of indenmity is not, in such a case, in itself a gaming or wagering contract, and is therefore not null and void." If, at the time that case was decided, section 231 of the Criminal Code was the law, I think the result would have been different.
What to read after The Manitoba Reports. V. 1-44-67. Containing Reports of Cases Decided in the Court of King's Bench And Court of Appeal for Manitoba ..?
You can find similar books in the "Read Also" column, or choose other free books by Manitoba. Court of King's Bench. [from Old Catalog] to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Robinson, 3 M. & W. 434 ; Lyne V. Siesfieldy 1 H. & X. 278. But it has been held that, although gaming and wagering contracts cannot be en- forced, they are not illegal. Fitch v. Jones, 5 E. & B.
238, is plain to that effect. Money paid in discharge of a bet is a good consideration for a bill of exchange : Oulds V. Harrison, 10 Ex. 572 ; and, if money be so paid by a plaintiff at the request of a defendant, it can be recovered by action against him: Knight v. Cambers, 15 C.B. 562; Jessopp V. Lu...twyche, 10 Ex. 614; Rosewame v. Billing, 15 C.B. (N.S.) 316; and it has been held that a request to pay may be inferred from an authority to bet: Old- ham v. Ramsden, 44 L.J, (C.P.) 309. Having regard to these decisions, I cannot hold that the statute above referred to precludes the plaintiff from maintaining this action.'' In Forget v. Ostigny, [1895] A.C. 322, the Lord Chan- cellor says: "Unless there was a gaming contract between the parties to this action so that the appellant in order to make good his claim must rely on such a contract, the defence obviously fails." And again, at page 326: "Even where a person is employed to enter into gamb- ling contracts upon conmiission, it has been held by the Courts of this country that, if he makes payments in pursuance of such employment, he can recover such pay- ments from his principal, that the implied contract of indenmity is not, in such a case, in itself a gaming or wagering contract, and is therefore not null and void." If, at the time that case was decided, section 231 of the Criminal Code was the law, I think the result would have been different.
What to read after The Manitoba Reports. V. 1-44-67. Containing Reports of Cases Decided in the Court of King's Bench And Court of Appeal for Manitoba ..?
You can find similar books in the "Read Also" column, or choose other free books by Manitoba. Court of King's Bench. [from Old Catalog] to read onlineMoreLess
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