Bryant

By the Court-,

The plaintiff was the keeper of a large public gaming-room in the city of San Francisco, in which the game of Faro was played. The defendant playing against the plaintiff as banker, at one of the Faro tables, lost the sum of four thousand dollars, and, not having the amount with him, gave the plaintiff two checks upon his banker; but, before the checks were presented, he countermanded the payment of them, and, when they were presented, payment was refused. This action is brought to recover the amount for which the checks were given, on the ground that, in such a case, an action could be sustained at common law.

No case was cited by the counsel for the plaintiff which goes to the extent of holding that money lost at a public table in a common gaming-room can be recovered, but the counsel relies upon the following doctrine laid down in Bacon"1 s Abridgment, (vol. 2, y>. 450,) “ that a person who wins money at gaming, “ may maintain a special indebitatus assumpsit for it; for the “ contract is not unlawful in itself, and the winner’s venturing u his money is a sufficient consideration to entitle Mm to the “ action.” But this general language should be taken in eon-…