Virden v. Murphy

Citations

• 78 Miss. 515

Syllabus

<p>1. Gambling. Money to he used, in. Promissory note. Illegal consideration. Code 1892, l 3114.</p> <p>One who advances money to another to be used in a gambling business, and who is to be repaid only from the proceeds of the business, cannot enforce payment, and a note given after the close of the business for money so advanced is without valid consideration. Code 1893, § 3114.</p> <p>2. Novation.</p> <p>A claim against partners is not novated by the creditor’s acceptance of the promissory note of one of them, the understanding being that the other is not to be released.</p> <p>3. Fraudulent Conveyances.</p> <p>A conveyance will not be vacated as fraudulent at the instance of a complainant whose debt is invalid.</p>