The opinion of the Court was delivered by

Our act of Assembly makes all securities given in consideration of money won at cards void, even in the hands of an innocent endorsee. With the policy of the law the Court has nothing to do. It is sufficient that ita lex scripta est. This note is of that description. The verdict, therefore, is against law and evidence, and a new trial must be granted.

gave the following opinion:

«i ¶ ,¶ I dissent in this case, on the ground that there was no positive testimony identifying the note to be the same; and that it was a fact proper for the consideration of a J,ury, whose verdict should be conclusive respecting it.