Fish and Packer v Stanton [1910] HCA 70

Fish and Packer v Stanton [1910] HCA 70

The Act 9 Anne c. 14 as to promissory notes given for gaming debts was wholly repealed in New South Wales by sec. 17 of 14 Vict. No. 9, and therefore, such notes are not void but enforceable by a holder in good faith for value without notice.

Parties
Appellants / Plaintiffs: Adolph Louis Fish and Lewis Packer; Respondent / Defendant: A. W. Stanton
Jurisdiction
Australia
Judgment Date
13 December 1910
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Promissory Notes as Security for Gaming Debts, Statutory Repeal and Interpretation, Good Faith Holder for Value
Contract Law Gaming and Wagering Law Promissory Notes as Security for Gaming Debts Statutory Repeal and Interpretation Good Faith Holder for Value

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Parties

Adolph Louis Fish and Lewis Packer

Appellants / Plaintiffs

A. W. Stanton

Respondent / Defendant

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether a promissory note given as security for money won by gaming is void and unenforceable in New South Wales
  2. 2 Whether the Act 9 Anne c. 14 has been repealed wholly or partially by subsequent New South Wales and Imperial legislation
  3. 3 Whether a holder in good faith for value without notice may enforce such a note

Ratio Decidendi

The Act 9 Anne c. 14 as to promissory notes given for gaming debts was wholly repealed in New South Wales by sec. 17 of 14 Vict. No. 9, and therefore, such notes are not void but enforceable by a holder in good faith for value without notice.

Court Disposition

Appeal allowed

Orders

  • Judgment on the demurrer for the plaintiffs (appellants)