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The Green Bag.

trary to good morals and public policy, for if the debts of honor are not paid, because legally void, the debtor is no gentleman, for all gentlemen pay their debts of honor. Courts have very little trouble in dealing with the lesser games of chance, many of which have been declared statutory misde meanors. Debts created by betting on horse races, elections and the like are declared void as often as courts are given the chance to do so. Where a party playing at a faro table gives a note in exchange for checks or count ers used at the gaming table and afterwards loses the checks at the game, the note is void. Or where a promissory note is given in a gambling transaction such as a drawing of tickets, it is void. It has been held not only that all such debts of honor, whether I O U 's promissory notes, judgments and mortgages, are void in the hands of the original holder if the con sideration was a gambling wager, as being contrary to good morals and public policy. But courts have also gone further and held that no obligation based upon a gambling wager is good at any time. That the defence of the gambling wager can be made at any time and as against any holder of the obliga tion. That the note for checks or counters at a faro table is void even if it comes into the hands of an innocent holder for value. Or as declared broadly by one Court, nego tiable paper in the hands of an innocent holder for value before maturity, for a gam bling wager, is void. There are States, how ever, where innocent holders for value before maturity are protected unless such paper is declared void by the peremptory words of a statute. The tendency, however, is not to protect the innocent holders of paper based upon gambling wagers. If this was not so, it might be the easiest thing in the world for gentlemen to make their debts of honor com mon ordinary legal obligations. A gentle man broker, or shaver, or fence, would always be on hand as the accommodating innocent holder.

Courts do not look with favor upon the encouragement gentlemen give each other in the matter of these debts of honor. It is not the one who is led into temptation that then suffers the most, but he who tempted. It has been ruled that where one knowingly and with the purpose of furthering a gam bling transaction lends money to another, it cannot be recovered. Where one who stands by the gaming table and sees a gentleman brother gradually go broken and volunteers to lend him more money upon an obligation to enable him to continue in the game, the obligation is as void as though given direct to the banker in the game. It is unlawful for a man to play, hence it is unlawful for another to knowingly furnish him the means to play. It is never too late to get your money back in these games provided it is still in the hands of the stakeholder. Where money is staked on the result of a wager and re mains in the hands of the broker, it belongs to the person from whom it came and it may be withdrawn by him, notwithstanding the loss of the bet, and without the consent of the other party. Or money bet on an elec tion and deposited with a stakeholder, who after the event of the election is known, has notice not to pay it over to the winner, may be recovered back by the loser. An action lies against a stakeholder for the money bet on the speed of a horse, where the stake holder has not paid it over, or where he has paid it to the other party after notice not to do so. ' All this admonishes the stakeholders to get rid of the moneys as soon after the results as they can, before they receive no tice or be sued, and this advice is specially pertinent in a presidential year. There is a case that presents certain pecu liar points. At a meeting it was agreed, in preparation for a squirrel hunt, that the beaten party should pay for the supper of the other. The captain of each party engaged the plain tiff to furnish the supper, and the plaintiff presided at the meeting and understood and