Cothran v. Ellis

Citations

• 125 Ill. 496
• 16 N.E. 646

Syllabus

<p>1. Wagers and wagering contracts—wagers at common law. At common law, wagers not against the interests or feelings of third parties, or which would not lead to the introduction of indecent evidence to enforce them, or which are not immoral or contrary to public policy, were enforceable by action, as valid and binding obligations.</p> <p>2. Same—wagering contracts—of their validity—dealing in “futures” or “options.” Under our legislation there can be no such thing as a valid wagering contract in this State, and he who advances money or other property to either of the contracting parties, to be used for such purpose, is equally guilty with the parties to the wager, and no action will lie against the borrower to recover it back.</p> <p>3. Dealing in “futures” or “options,” as they are commonly called, to be settled by the fluctuations of the market, is void by the common law, as being contrary to public policy, and as a crime against the State, etc.</p> <p>4. Appeal—reviewing facts—for what purposes this court may consider the evidence. While this court has no right to review the evidence for the purpose of determining whether it sustains the finding of the Appellate Court upon the controverted facts, yet such a review is proper when incidentally necessary to the determination of some question of law.</p> <p>5. So where exception to the ruling of the trial court upon a demurrer to the evidence, or a motion to exclude it from the jury, or to find for one or the other of the parties, this court will be bound to examine the evidence. And, also, when an instruction is excepted to on the ground there is no evidence upon which to base it, this court will have to examine the evidence to see if the exception is well taken.</p> <p>6. And when the question is made in the trial court whether there is evidence tending to prove the plaintiff’s cause of action or a ground of defense, the ruling may be re-examined in this court, as presenting a question of law; but when not made i