William Burnham Woods

“ The cross-action of the defendant, as an independent suit, it is clear, could not have been maintained. His case, as stated by himself in his answer and counter-claim, was that the money was advanced by him to carry on a gambling transaction; that with his concurrence the money so advanced was used in such gambling transactions; and that by the statutes of Illinois, where the contracts were made, they were treated as gaming contracts, and declared illegal and void, and the making of them a criminal offense. ”

“ If there was any substitution of other contracts for the canceled ones, it was only in the mental operations of the plaintiffs, to which no outward expression whatever was given. The plaintiffs admit in their evidence that, after the original contracts made for the defendant were offset and released, they alone were bound to the defendant, and that there were no other persons against whom the defendant could have maintained an action. It is plain, therefore, that upon their own showing the plaintiffs did not make the substitution required by section 6 of rule 26 of the board of trade. ”

“ That section, so far as applicable to this case, was as follows: 'Whoever contracts to have or give to himself or another the option to sell or buy, at a future time, any grain or other commodity, * * * shall be fined not less than $10 nor more than $1,000, or confined in the county jail not exceeding one year, or both, and all contracts made in violation of this section shall be considered gambling contracts, and shall be void.' The errors assigned by the plaintiffs relate exclusively to the charge of the court, and the rendering of judgment in accordance with the verdict of the jury. ”