Sec. 52-553. Wagering contract void. - Connecticut Statutes

      Sec. 52-553. Wagering contract void. All wagers, and all contracts and securities of which the whole or any part of the consideration is money or other valuable thing won, laid or bet, at any game, horse race, sport or pastime, and all contracts to repay any money knowingly lent at the time and place of such game, race, sport or pastime, to any person so gaming, betting or wagering, or to repay any money lent to any person who, at such time and place, so pays, bets or wagers, shall be void, provided nothing in this section shall (1) affect the validity of any negotiable instrument held by any person who acquired the same for value and in good faith without notice of illegality in the consideration, or (2) apply to the sale of a raffle ticket pursuant to section 7-172.

      (1949 Rev., S. 6785; P.A. 03-60, S. 2.)

      History: P.A. 03-60 made technical changes, designated existing proviso as Subdiv. (1) and added Subdiv. (2) providing that nothing in section shall apply to the sale of a raffle ticket pursuant to Sec. 7-172.

      A wager is illegal at common law. 15 C. 30. All wagering contracts are void by statute and money deposited with stakeholder is recoverable. Id., 40 C. 336; 49 C. 128; 70 C. 490. What constitutes gaming contract in margin transactions in stocks; distinguished from speculating contracts. 48 C. 127; 63 C. 198. Cited. Id. Contract of insurance upon another's life may amount to mere wagering contract. 69 C. 511; 70 C. 647. Speculative stock transactions, where there is an option to demand delivery. 77 C. 508; Id., 518; 84 C. 694. Cited. 125 C. 120. See note to section 52-554. Gambling on credit is the vice at which this statute and Sec. 52-554 are particularly directed. 189 C. 591.

      Section is not applicable to written agreement where parties agreed to share equally in any winnings they received from various forms of legalized gambling. 105 CA 663.

      Where plaintiff sued to recover indebtedness from defendants, which claim arose from winnings from a bet made in violation of Sec. 53-298, held the court will not aid party to an illegal contract in enforcing his claim and, since all the parties were in pari delicto, judgment should be rendered for the defendants. 26 CS 238. Cited. 33 CS 170. Cited. 35 CS 522.

      Cited. 6 Conn. Cir. Ct. 682.