Sea Air Support, Inc. v. Herrmann

613 P.2d 413 (1980)

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Nature of the Case

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Facts

Herrmann (P) wrote a check for $10,000 payable to the Ormsby House, a hotel-casino located in Carson City, Nevada, in exchange for three counter checks he had written earlier that evening to acquire gaming chips. P had insufficient funds in his account. Ormsby assigned the check to P for collection. P failed as well. P then sued D to recover $10,567. The judge dismissed the action as barred by the Statute of Anne. The Statute provides that all notes drawn for the purpose of reimbursing or repaying any money knowingly lent or advanced for gaming are 'utterly void, frustrate, and of none effect.' Gambling is licensed and is legal in Nevada.