Thompson v. Bowie

Messrs. Brent and Merrick, for the holder of the notes, plaintiff in error: In addition to numerous errors of the court, there was palpable error in its admitting the evidence to show that when the defendant was under the excitement of ardent spirits he was in the habit of going to gaming-houses, and, so far as the witness knew, was always in this condition when he went there. The testimony simply tended to prove a propensity; a propensity to game. Now, such a propensity, even if admitted, did not tend to prove that the notes sued on were given for a gaming debt. If A. has his money stolen, assuredly he could not recover it from B. by proving that B. had a propensity to steal. Jackson v. Smith,2 in the Supreme Court of New York is in point. There, a man named Norris was in the habit of lending money at usurious rates of interest; and the court considered it 'altogether probable' that a loan in question 'was a loan of that description.' They held, however, that 'the fact of Norris's general character or habit as a usurer' was not 'a legal foundation' for a verdict which found a particular transaction, not otherwise proved so to be, usurious.