Camden County, NC - Shepherd v. Sawyer, 1811

                          From Camden

1. A agrees with B, for 2 1/2 per cent premium paid down, to insure a
   negro slave reported to be lost in Pasquotank River. B had no 
   interest in the negro; yet his loss being proved, B is entitled to
   recover his value.
2. Innocent wagers are recoverable. They are illegal, where (1) they be
   prohibited by statute; (2) they tend to create an improper influence
   on the mind in the exercise of a public duty; (3) they are "contra
   bonos mores," or (4) they in any other manner tend to the prejudice
   of the public or the injury of third persons.

The jury found for the plaintiff, and assessed his damages to £200, subject 
to the opinion of the court upon the following case: The plaintiff, Shepherd, 
started a boat loaded with brick, from Richmond, on Pasquotank River, down 
to Davis' bay, a distance of about seven or eight miles; the boat was rowed 
by a white man and several negroes, among whom was the fellow Jacob, hereafter 
mentioned. A few days after the boat was started a report was circulated that 
the boat and all persons on board were lost. The plaintiff and defendant were
together at Camden Courthouse when this report reached that place, and the
defendant offered to insure the negro fellow Jacob for the premium of 2 1/2
per cent, which offer was accepted by the plaintiff, and the premium was paid
down. It afterwards appeared that Jacob and all the other hands on board the
boat were lost. The jury found that the conduct of the plaintiff was fair, 
open and candid, but that he had no interest whatever in the property insured.

Hall, J. It is submitted to this Court to decide whether, upon the facts
found by the jury in this case, the plaintiff be entitled to recover. It is
not contended that this case falls within the purview and meaning of any act
of Assembly passed in this State for the purpose of suppressing unlawful
gaming; and there can be not doubt but that the common law (which is the 
law of this State) interposes no obstacle to a recovery. Marshall on 
Insurance, 96, says: "Innocent wagers have long had the sanction of the
common law. 11 Rep., 876; 1 Lev., 33; 5 Bur., 2802. They are only deemed
illegal when they are prohibited by statute; when they tend to create an
improper influence on the mind in the exercise of a public duty; when they
are contra bonos mores, or in any other manner tend to the prejudice of the
public or the injury of third persons." 6 Term, 499; 1 Term, 56; 2 Term, 610;
Cowper, 729. And to the cases referred to by Marshall may be added the case
of Good v. Elliott, 3 Term 693. These authorities are conclusive. Let
judgment be entered for the plaintiff.

Overruled: Burbage v. Windley, 108 NC, 362


Source:
NC Reports
July Term, 1811
NC Supreme Court
Pg 25-26

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