Sipe v. Finarty
This text of 6 Iowa 394 (Sipe v. Finarty) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— At common law, gaming, unaccompanied by fraud, is lawful. But by a statute of this State, gaming and betting are expressly prohibited. Code, section 2721. And all promises and contracts, when any part of the consideration is money, or any valuable thing, won or lost on any game or wager, are absolutely void. In this case, the plaintiff seeks to recover upon a note, which, we [396]*396are clearly of the opinion is a betting transaction, and void. If the plaintiff claims to recover the value of the property delivered, he cannot do it in an action on the note, but must resort to an action for that specifically— granting that he can so recover, which we do not determine.
The judgment is affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
6 Iowa 394, 1858 Iowa Sup. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sipe-v-finarty-iowa-1858.