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Conflict of Laws Keyed to Hay, 16th Ed.
Fauntleroy v. Lum
Citation:
210 U.S. 230, 28 S. Ct. 641, 52 L. Ed. 1039 (1908)Facts
The plaintiff and defendant, both citizens and residents of Mississippi, entered into contracts in Mississippi involving cotton futures that violated Mississippi’s criminal and civil statutes prohibiting gambling in futures. When a dispute arose, the parties submitted to arbitration in Mississippi, and an award was rendered in favor of the plaintiff. The plaintiff initially sued on the award in Mississippi but dismissed the case when the illegal nature of the transactions was raised. Subsequently, the plaintiff obtained personal service on the defendant while he was temporarily in Missouri and sued on the arbitration award in Missouri court. The Missouri court refused to allow evidence regarding the illegal nature of the underlying transactions under Mississippi law and entered judgment for the plaintiff. The plaintiff then assigned the Missouri judgment to Fauntleroy, who brought suit to enforce it in Mississippi. The defendant pleaded that the original transactions were illegal gambling contracts under Mississippi law and that Mississippi courts were prohibited from enforcing such contracts.
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