263 Mass. 37 | Mass. | 1928
This is an action of contract to recover the amount of a check drawn by the defendant to the order of John H. Deane and indorsed by him in blank. The plaintiff at the trial to the court sitting without a jury offered the check in' evidence and rested. The case had been referred
It is found by the auditor, that the laws of the State of Florida relating to negotiable instruments in so far as material are the same as our negotiable instruments act, and that gambling is a misdemeanor punishable by fine and imprisonment. We assume, in the absence of any contention to the contrary, that the common law of that State as to gaming dotes not materially differ from our own. Callender, McAuslan & Troup Co. v. Flint, 187 Mass. 104. The plaintiff as the winner could not maintain an action against Deane to recover the amount won. Ball v. Gilbert, 12 Met. 397.
The introduction of the check undoubtedly made out a prima facie case. But the burden of proof was on the plaintiff to show on all the evidence that he was a holder in good faith, and for value. Beacon Trust Co. v. Barry, 260 Mass. 449. The facts found by the auditor warranted the finding of the judge for the defendant and we discover no reversible error of law in his failure to give the plaintiff’s requests. Hecht v. Boston Wharf Co. 220 Mass. 397, 404. Dunham v. Holmes, 225 Mass. 68. Kemp v. Hammond Hotels, 226 Mass. 409. Levine v. Cohen, 235 Mass. 446. See White v. Buss, 3 Cush. 448, 449.
Exceptions overruled.