107 S.E. 316 | N.C. | 1921
The action is brought by an endorsee and holder in due course of a promissory note given by one J. M. Carver to J. W. Crafton, defendant, for money won by the defendant in a game of cards and endorsed by the defendant, the payee of the note, in due course and for value to plaintiff bank. There was denial of liability, the defendant, the endorser, alleging that the note in question was for an amount won in a gambling transaction.
The jury rendered the following verdict:
"1. Did the defendant Crafton endorse the note declared on for $700, 18 February, 1919, due 8 April, 1919, as alleged in the complaint, and before its maturity? Answer: `Yes.'
"2. Did the plaintiff discount and pay $690 for the note to W. E. Shuford, in regular course, without notice that it was for a gambling debt, and before maturity, as alleged by plaintiff? Answer: `Yes.'
"3. Was the note executed by J. M. Carver for a gambling debt to J. W. Crafton? Answer: `Yes.'"
On the verdict there was judgment that defendant go without day, and plaintiff bank excepted and appealed.
Our statutes applicable to the note in question, C. S., 2142, renders this and all notes and contracts in like case void, and it is urged in support of his Honor's ruling that, this being true, no action thereon can be sustained. The position as stated is undoubtedly the law in this jurisdiction, and is in accord with well considered authorities elsewhere.Glenn v. Farmers Bank,
Reversed.