{
  "id": 4788718,
  "name": "Jesse Lockhart v. Cyrus Hullinger",
  "name_abbreviation": "Lockhart v. Hullinger",
  "decision_date": "1877-11",
  "docket_number": "",
  "first_page": "465",
  "last_page": "466",
  "citations": [
    {
      "type": "official",
      "cite": "2 Ill. App. 465"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
      "cite": "58 Ill. 169",
      "category": "reporters:state",
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    {
      "cite": "11 Johns. 21",
      "category": "reporters:state",
      "reporter": "Johns.",
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    {
      "cite": "36 Ill. 201",
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      "cite": "23 Ill. 70",
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    {
      "cite": "58 Ill. 169",
      "category": "reporters:state",
      "reporter": "Ill.",
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  "last_updated": "2023-07-14T20:23:02.092512+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Jesse Lockhart v. Cyrus Hullinger."
    ],
    "opinions": [
      {
        "text": "Davis, J.\nThis was an action, originally commenced before a justice of the peace by Hullinger against Lockhart, and taken by appeal to the Circuit Court of Macon county, in which court a judgment was rendered against Lockhart for $77.20 and costs.\nThe action was brought on a written instrument, of which the following is a copy:\n\u201cNiantio, Illinois, Sept. 23,1876.\n\u201c On the election of R. B. Hayes to the office of President of the Hnited States in 1876, I promise to pay Cyrus Hullinger seventy-five dollars, and if not elected, this note is null and void.\n\u201c Jesse Locehiart.\u201d\nOn the trial the only evidence offered was the above written instrument, and the only question presented by the record is, whether on such an instrument the plaintiff below was entitled to recover the judgment rendered in his favor.\nThe law is well settled in this State that wagjrs depending on the result of a Presidential election are against public policy and void.\nInstruments similar to the one sued on have been held, to all intents and purposes, bets on an election, and therefore void on their face. Gordon v. Casey, 23 Ill. 70; Guyman v. Burlingame, 36 Ill. 201; Gregory v. King, 58 Ill. 169.\nThe instrument sued on -in this case being void, no recovery could be had upon it.\nThe judgment must be reversed.\nJudgment reversed.",
        "type": "majority",
        "author": "Davis, J."
      }
    ],
    "attorneys": [
      "Mr. J. S. Post for appellant;"
    ],
    "corrections": "",
    "head_matter": "Jesse Lockhart v. Cyrus Hullinger.\nPromissory note\u2014Wager on election void.\u2014A promissory note, payable on condition that a certain person would be elected to a certain office, is void, as being against public policy.\nAppeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding.\nMr. J. S. Post for appellant;\ncited Vischer v. Yates, 11 Johns. 21; Allen v. Herne, 1 T. Rep. 56; Gregory v. King, 58 Ill. 169."
  },
  "file_name": "0465-01",
  "first_page_order": 461,
  "last_page_order": 462
}