Superior Court of North Carolina, 1804

Stowell v. . Guthrie

Superior Court of North Carolina · Decided July 5, 1804 · TAYLOR, J.

3 N.C. 297

Counsel

E contra it was argued that winning a thing staked up at the time was not within the prohibition of the act; and if it was, that the plaintiff, who is a violator of the law, shall not be heard to complain of the consequences of his misconduct.

Opinion of the Court

The act should be so construed as most effectually (298) to suppress the vice of gaming, which is the present of every misfortune; and the best way to do this is to give no action to the plaintiff in such a case; for, knowing that he will not be relieved, he will take care not to engage in gambling.

Verdict for defendant.

QUERE: Is not the principle of this act to take care of those who have not prudence enough to take care of themselves? If so, it is against its principle to say, let men take care of themselves.

NOTE. — See Mooring v. Stanton, 1 N.C. 52, and the cases referred to in the note to that case. *Page 268

Case-law data current through December 31, 2025. Source: CourtListener bulk data.