Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.

Coull
v.
Crammond

1743, July 1, 12.
Case No. No. 14.

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The question was, Whether the L.4. 11s. part of the bill of L.9. 11s. granted in 1729 fell under the game act? for if it did not, then that bill and interest to the date of the L.30 sterling bond in October 1733 with the L.20 sterling then advanced, was more than the sum in that bond, and therefore though the two small bills for L.3 sterling and 10s. were undoubtedly game debts, yet the abatement given was more than these two sums, and no part of the sums in the bond could be said to be won at play; and the fact as to the L.9. 11s. was that L.5 was an old debt, L.4. 11s. was lent in the tavern, but before Crammond and Brown began to play, and Graham swears before he knew that they were to game, Crammond having called him Graham to another room for that end, though it would seem that Crammond, Brown, and he had been playing at high junks even before that loan of the L.4. 11s., which determined the Court to think that the L.9. 11s. bill fell under the the game act;—and therefore they adhered to Drummore's interlocutor, and reduced the L.30 sterling bond in toto. 12th July Refused a reclaiming bill and adhered.