9 S.C.L. 200
Supreme Court of South Carolina
Decided May 15, 1818
Supreme Court of South Carolina · decided 1818-05-15
This ivas ah action of assumpsit on a note of hand. The defence was an illegal consideration. A witness was called, who proved that A he was present when a note was given for the amount expressed in this note by the defendant to the payee. He believed this to be the same note. He was pretty certain it was. He could not swear positively. The case was tried at Newberry, Fall Term, 1816, before Mr. Justice JYott.
Decided 1818-05-15
¶1The opinion of the Court was delivered by
¶2Our act of Assembly makes all securities given in consideration of money won at cards void, even in the hands of an innocent endorsee. With the policy of the law the Court has nothing to do. It is sufficient that ita lex scripta est. This note is of that description. The verdict, therefore, is against law and evidence, and a new trial must be granted.