The learned referee in the court below reviewed the evi*606dence with great care, and found as a fact, evidently with reluctance arising from the dishonesty of the defense, that the transactions out of which the plaintiff’s claim arose were wagering agreements not enforceable at law. To the facts thus found he applied the law with entire accuracy, and after a most careful examination we are forced to sustain his conclusions.

Judgment affirmed on the report of the referee.