Quarrier v Colston
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 587
HIGH COURT OF CHANCERY
S. C. 12 L. J. Ch. 57; 6 Jur. 959. See Kaufman v. Gerson [1903], 2 K. B. 119.
[147] quarrler ). colston. May 9, June 21, Nov. 8, 1842. .'./:. .... _ [S. C. 12 L. J. Ch. 57 ; 6 Jur. 959. See Kaufman v. Gerwn [19031, -2 K. B.'119.1 L L J ortf7J r .aJi.a Gambling debts contracted in this country, as well as the securities given for them, " are void and cannot be recovered. But money won at play, or lent for the purpose of gambling, in a country where the games in question are not illegal, may be recovered in the Courts of this country. And, therefore, where an unascertained portion of a balance of account, for which an I. 0. U. had been given, was admitted to consist of money lent for the purpose of playing at public tables in Germany, but it did not appear that the games played at such tables were forbidden by the laws of that country; the Court, on appeal, dissolved an injunction which had been granted to restrain an action brought to recover the whole balance. The bill in this cause, which was filed by the Plaintiff as personal representative of (1. W. Tobin deceased, prayed that the memorandum of debt which had been given by the deceased, shortly before his death, to the Defendant, might be delivered up to be cancelled; and that the Defendant might be restrained from proceeding with .an action which he had commenced against the Plaintiff, for the recovery of the sum mentioned in that memorandum. The memorandum was in these words :- "I, George Webb Tobin, owe J. M. Colston, Esq., 525 money received. G. W. Tobin." The bill alleged that the memorandum was given by Tobin when in a state of intoxication, and that it was wholly or in great part made up of sums which the Defendant had either won from Tobin at cards, or which he had lent to him for the purpose of gaming, while they were upon a tour together on the Continent. And 4ifter setting forth a correspondence which had taken place between the Plaintiff and the Defendant since the death of Tobin, in which the Defendant had admitted that a considerable part of the demand was of that nature, the bill charged, amongst other things, that the Defendant had always refused to state the particulars of the amount for which the memorandum was given, and that he ought to set forth when and where, and in whose presence, and on what account, &c., the [148] consideration for the said memorandum and every part thereof was paid ; and...
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