Campbell v. New Orleans National Bank

Citations

• 74 Miss. 526

Syllabus

<p>1. Wagering Contracts. Judgment.</p> <p>A suit on a judgment rendered upon a note given for a gambling contract can be defeated by showing' the illegality of the original transaction.</p> <p>3. Same. Code 1880, §990; Code 1893, §3114.</p> <p>Judgments on any wager whatever are void under the statute (code 1880, § 990; code 1892, § 2114), and money lost on any wager can be recovered back by the loser.</p> <p>3.' Same. Futwes.</p> <p>A contract for the payment of differences in prices, arising out of the rise and fall in the market price above or below the contract price, is a wag-er on the future price of the commodity, and is therefore invalid.</p> <p>4. Same. Repeal of statute. Code 1880, § 990; Laws 1882, p. 140.</p> <p>Repeals of statutes by implication are not favored. Code 1880, § 990, was not repealed by act of 1882 (Laws 1882, p.-140). The second section of the act of 1882 was idle and did not change the law already in force, so far as concerns contracts made in this state.</p>