THE MONTE CARLO SUIT.

New Zealand Herald, Volume XLV, Issue 13583, 12 September 1908, Page 2 (Supplement)

THE MONTE CARLO SUIT.

INTERESTING .JUDGMENT IN THE ROULETTE ACTION. An interesting legal decision was given in the King's Bench, in the action, mentioned on this page last Saturday, by Mr., John Saxby, of North Court, Hassocks, against the executrix of lite late Mr. Brooke, a solicitor, lor £4000 odd, money advanced to the late Mr. Brooke, with interest. The money was advanced in March and April, 1905,"and in the early part of It/u.,, when' Mr. Saxby went with Mr. Brook© to Monte Carlo. For the defence it was contended that this money was lent with the knowledge that it was to be used at the gaming tables, and, that being so, the money was not recoverable. For the plaintiff it was said that it 'had been held that gaming at certain places abroad, not being illegal according to the laws of the particular countries, the money so lent was recoverable. Mr. Justice- Bray said that there was no arrangement or understanding as to how the moneys advanced were to be used, and the testator was at. liberty to use them for any purpose he liked.- No doubt a large part was used for tho purpose of gaming, but there was no evidence as to how much, and the testator spent money on his own account, in addition to sums which were advanced to him. He had been asked to assume on behalf of the defendant that the law with regard to gaming was the same at Monte Carlo as in this country. Pie, however, declined to assume this. It was too notorious that at Monte Carlo roidette was not an unlawful game. He thought ho was bound to find that these moneys were recoverable.

Judgment was accordingly given in favour of plaintiff, and notice of appeal was given.