Webb v. Fulchire
North Carolina Supreme Court
25 N.C. (3 Ired.) 485 (1843)
- Written by Brett Stavin, JD
Facts
The plaintiff made a bet with the defendant that he would be able to guess which of three cups covered a ball. The plaintiff alleged that he pointed to the correct cup, and the court accepted that allegation as true for the purposes of the complaint. It was also presumed that the defendant placed the ball beneath the cup before the wager, but that the defendant removed the ball after the cup was selected by some contrivance or sleight of hand so as to falsely represent that the ball was never underneath that particular cup in the first place. The trial court rendered judgment in favor of the defendant, finding that there was no cause of action to enforce an illegal gambling agreement. The plaintiff appealed.
Rule of Law
Issue
Holding and Reasoning (Ruffin, C.J.)
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