Hook v. Boteter

Decided October 15, 1793

General Court of Virginia · decided 1793-10-15

THIS wás a removal by habeas corpus, from the county court of Frederick. It was an action for money had and received, brought under the statute of 9 Anne, c. 14. entitled “ An act for the better preventing of excessive and deceitful gaming,” to recover back a sum of money won at gaming by the defendant from the plaintiff.

Decided 1793-10-15

The Court

¶1said it was not necessary to prove that the gaming was deceitful or unfair, and were of opinion that the evidence did not support the declaration, the gaming being for money, and the payment being made in goods.

¶2Judgment pf non pros, against the plaintiff.

Martin (Attorney-General) and Mason, for the appellant.Key, Pinkney and J. Dorsey, for the appellee.

¶3The plaintiff appealed to the court of appeals, where, at June term, 1/96, the judgment was reversed, and judgment entered for 120/. current money, damages and costs.