Emerson v. Urie Townsend

Briscoe, J., delivered the opinion of the Court. It appears from the record in this case that on the 10th day of March, 1881, the appellee, Urie Townsend, executed and delivered to the appellant, Wm. R. Emerson, a promissory note, payable to the said Emerson, eight months from its date, for the sum of three hundred and ninety-five dollars, bearing interest from its date. The note, according to the evidence, was given in settlement of accounts between the parties.

Shortly after the maturity of the note, a suit was instituted thereon in the Superior Court of Baltimore City by one Howard Bryant,- endorsee, and after trial before a jury, a judg ²²⁵ ment was rendered for the plaintiff for the sum of four hundred and three dollars and forty-eight cents-, with interest and costs. At the trial, an agreement was filed that any defence growing out of the plaintiff (Bryant) being a bona fide holder for value, without notice, should be waived. The suit was afterwards entered for the use of Emerson, the original payee of the note. On the 14th of December, 1888, a bill of complaint was filed by the defendant, Townsend, against Emerson and Bryant, for the purpose of obtaining an injunction to prevent the plaintiff from proceeding to collect the judgment, and for the further purpose of vacating the said judgment.

The bill alleged that the judgment was void, because a part of the consideration of the note upon which it had been rendered was for a gambling debt, being for money loaned at poker, a game of cards, and prayed that execution of the judgment should be perpetually enjoined. The appellant, in his answer, denied the allegations of the bill, and averred that no part of the account, or the note, was for a gambling debt. Proof was then had, and at the hearing a decree was passed directing the injunction to issue, perpetually enjoining and prohibiting any execution of said judgment. It was further ordered by the Court, that the decree be without prejudice to the right of Emerson and Bryant to bring suit for the recovery of any claim that they might have against the defendant, Townsend.

Erom this decree the present appeal has been taken. It is well settled by the provisions of the Statute of 9 Anne, chapter 14, (see Alexander’s British Statutes, 689,) that all notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsoever, given, granted, drawn, or entered into or executed by any person or persons whatsoever, where the whole or any part of the consideration of such conveyances or securities shall be for any money or other valuable things what ²²⁶ soever, won by gaming or playing at cards, dice, tables, tennis, bowls or other game or games whatsoever, or by betting on the sides or hands of such as do game at any of the games aforesaid, or for the reimbursing or repaying any money knowingly lent or advanced for such gaming or betting, as aforesaid, or lent or advanced at the time and place of such play, to any person or persons so gaming or betting, as aforesaid, or that shall, during such play, so play or bet, shall be utterly void, frustrate and of none effect, to all intents and purposes whatsoever; any statute, law or usage to the contrary thereof in any wise notwithstanding. And this statute has been recognized in Hood vs. Boteler, 3 H. & McH., 348 , and in Gough vs. Pratt, Adm’r of Kent, 9 Md., 533 , as being in full force in Maryland. In the latter case, it was held that equity will grant relief, against a judgment at law upon a bond