Jones v. Akin & Akin
| Decision Date | 13 April 1904 |
| Parties | JONES v. AKIN & AKIN et al. |
| Court | Texas Court of Appeals |
Appeal from Bowie County Court; H. S. Watlington, Judge.
Action by J. W. Jones against Akin & Akin and others. From a judgment for certain of the defendants, plaintiff appeals. Affirmed.
Robert R. Lockett, for appellant. J. B. Manning and J. F. Jones, for appellees.
Appellant instituted this suit against Akin & Akin, a mercantile firm, the First National Bank of New Boston, and M. C. Oliver upon two checks drawn by Akin & Akin on the bank and in favor of the plaintiff, Jones. The trial resulted in a judgment for the plaintiff against J. Akin for $5, and in favor of all the other defendants, and the plaintiff has appealed.
We decide that the proper judgment was rendered. The testimony warrants the conclusion that the money for which the checks were given was borrowed by J. A. Akin for the purpose of betting upon a game of cards being played in a hotel owned and controlled by the plaintiff, and that the plaintiff was aware of the fact that Akin intended to use the money for that unlawful purpose, and that the plaintiff thereby aided and encouraged Akin to commit an offense. Reed v. Brewer, 90 Tex. 144, 37 S. W. 418. In fact, there was testimony showing that the plaintiff participated in the game. It was not shown that the bank had accepted the checks, but, if it had done so, it does not follow that the defense relied on would not have been available.
No error is shown, and the judgment is affirmed.
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