Ash v. Clark

Citations

• 32 Wash. 390
• 73 P. 351
• 1903 Wash. LEXIS 433

Syllabus

<p>GAMBLING — CONTRACTS-VALIDITY OF CHECKS.</p> <p>A check issued for money advanced for the purpose of gambling, where the payee wins the money, is void between the parties, under Bal. Code, § 7267, and it is immaterial whether it was won before or after it was advanced.</p> <p>SAME — PROMISE TO PAT.</p> <p>The subsequent promise of the loser to pay invalid checks given for money lost in gambling does not make the checks valid in the hands of any person with notice.</p> <p>SAME-EVIDENCE-HARMLESS ERROR.</p> <p>In an action to recover on checks given in payment of money lost in a gambling game with G., the introduction in evidence of the records in a police court wherein G, was convicted of conducting a gambling game, is harmless, where the fact was not disputed and was proven beyond question ' by other competent evidence.</p> <p>EXECUTORS AND ADMINISTRATORS-CLAIMS AGAINST ESTATE-AFFIDAVIT.</p> <p>A claim presented to an administrator for allowance must, under Bal. Code, § 6229, be accompanied by the original affidavit of the claimant, and a copy of the affidavit is insufficient.</p> <p>GAMBLING-NEGOTIABLE INSTRUMENTS •— BONA FIDE HOLDER.</p> <p>In an action by an assignee of checks given for money lost in gambling, the jury is properly instructed that the plaintiff can not recover if he knew, when he purchased the checks, of the circumstances under which they were given.</p>