#### Joseph E. Helfrich, Appellee, v. John F. Scott, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Hancock county; the Hon. Harry M. Waggoner, Judge, presiding.

Heard in this court at the April term, 1913.

Affirmed.

Opinion filed October 16, 1913.

Statement of the Case.

Action by Joseph E. Helfrich against John F. Scott to recover upon a promissory note given by defendant to plaintiff. From a judgment in favor of plaintiff for $217.82, defendant appeals.

Hartzell, Cavanagh & Babcock, for appellant.

George V. Helfrich, for appellee.

*202Abstract of the Decision.

Gaming, § 18 * —when note given to take up check lost at gambling not given for gambling debt. In an action on a promissory note, a plea setting up that the note was given for a gambling debt held no defense, it appearing that the note was given to plaintiff by defendant after plaintiff had been requested to take up a check lost by defendant at gambling with a third person, and the amount of the note included the face value of check and a meat bill'owing. to plaintiff by defendant.

*

See Illinois Notes Digest, Vols. XI to XV same topic and, section number.

Mr. Justice Creighton

delivered the opinion of the court.