Sardo v. Fongeres 3 Cranch 655, 3 D.C. 655

Michael Sardo, Appellant, v. Lewis Fongeres, Appellee.

Money won at billiards is money won at play, within the 5th section of 9 Anne, c-14, and cannot be recovered’if more than £10 be won at one time; which section of that statute is in force in the county of Washington.

Appeal from the judgment of a justice of’ the peace for $50, of which $48 were won at billiards at one time, and $2 were for the use of the billiard-table, the' plaintiff below being the owner of the table.

Mr Marbury, for the appellant,

contended that the debt was void by the 5th section of the English statute of 9 Anne, c. 14, which was in force in Maryland, on the 27th February, 1801, and adopted as a part of the law of Maryland, as they then existed; the amount won at one time being more than ¿610. 1 Comyn on Cont. 41.

Mr. Wallach, and Mr. Elkins, for the appellee,

contended that, as the Maryland act of 1797, c. 110, respecting gaming-tables, excepted billiard-tables, all gaming at billiards was lawful; and that money won at billiards was not within the English Statute *656of 9 Anne, c. 14; and they cited-v. Bland, 3 Burrow, and 5 Burr. 2802, and the Maryland act of 1797, c. 110.