AT MONTE CARLO.

Sun (Christchurch), Volume I, Issue 187, 12 September 1914, Page 3

AT MONTE CARLO.

FRENCH ETHICS AND ENGLISH.

Gaming transactions at Monte Carlo were the subject of a ease that came before Mr Justice Darling in London recently.

The plaintiff was M. Raoul Ferrand, secretary of the International Sporting Club at Monte Carlo.

It was the duty of Mr Ferrand, said his counsel (Mr R. A. Wright) to give small change to players. He also with the knowledge ,pf the club cashed cheques and . lent money. The defendant, Mr H. N. Osborne, came to Monte Carlo last January and was admitted to the club, where he played. He borrowed money and paid it back.

In March he came again and borrowed money in turns of £IOO at a time from Mr Ferrand. He gave two cheques for what he had borrowed. These cheques were for £306 and £4OB, part of the amounts representing interest. The cheques were dishonoured, and Mr Osborne did not pay back another £240 which he borrowed. Mr Ferrand accordingly has therefore sued him for £954.

Counsel read an affidavit in which Mr Osborne said that he was not indebted for the amount claimed. The affidavit stated that Mr Ferrand was manager of a gaming house where baccarat was play.ed. On March 21 Mr Osborne lost all his money.

Mr Ferrand, went on the affidavit, induced him to continue playing, and supplied him with counters. Gaming Act Pleaded.

At the conclusion of the play, Mr Ferrand told him that he owed £306. Mr Ferrand knew that the counters were to be used for playing. In these circumstances Mr Osborne contended that he was not liable, according to a Statute of Queen Anne, and an Act of 1835, which dealt with money advanced for gaming purposes. Mr Wright pointed out that, as a matter of fact, counters were not used in the club. Mr Ferrand was not present at the play. He had an office in another part of the building. He did not know that the money he advanced was to be used for gaining.

On being told that Mr Ferrand was a Frenchman, Mr Justice Darling remarked: "So he does not know how wicked it is to lend money for gaming. '' Mr Wright asked leave to amend his claim to avoid the difficulty that the Act of Queen Anne involved. Mr Valetta, counsel on the other side, opposed. Mr Justice Darling I suppose Mr Ferrand has not until lately read the Statutes of Queen Anne. I expect all he knew of her was that she was dead. (Laughter.)

Saving the Entente Cordiale.

His Lordship continued: If I don't make this . amendment, what will become of the entente cordiale? This is not the moment to weaken it.

In directing that the amendment should be made —a claim was inserted with regard to the cheques for "money lent" —his Lordship said that gambling went on in England in a hundred different ways which the Legislature could prevent if it chose. Circulars, for instance, were sent through the Post Office. A judge was not, therefore, obliged to endeavour to find ways of suppressing gambling. The morality of the transaction in question was not repugnant to the common law of England or the law of Monte Carlo.

It would be far more immoral to say to a Frenchman, "You have made a mistake in lending money to an Englishman. If you had lent to a Frenchman honour would have compelled him to pay, but in the case of an Englishman his honour compels him to. refuse to pay." ' - Mr Valetta said that he would not resist the claim as amended, and judgment was given for Mr Ferrand. As Mr Wright was leaving the court the. judge said to him: "Give your client the' Statute of Queen Anne to read."