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 ..

Manitoba. Court of King's Bench. [from Old Catalog]

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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.

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