Michel Mancini-Watson I. Case name, citation, and court 25 words Case Name: CARNIVAL LEISURE INDUSTRIES, LTD.

, Plaintiff-Appellee, v. George J. AUBIN, Defendant-Appellant. Citation: 53 F.3d 716; 1995 U.S. App. LEXIS 13543 Court: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT II. Summary of the key facts in the case 125 words

1. During a January 1987 visit to the Bahamas, George Aubin, an astute businessman, frequent gambler, and Texas resident, visited Cable Beach Hotel and Casino, which was owned and operated by Carnival Leisure, a Bahamian corporation, for fun and frolic.

2. Aubin sought six markers of credit through the casino totaling $25,000 so he could continue gambling. 3. He asserts the markers did not list his banking information and furthermore contends that the casino added this information to the markers before presenting them for payment. He denies granting authorization for the completion or presentation of the markers for payment from his financial institution. 4. Aubin admits that he stopped payment for the bank drafts to the casino. 5. Texas may have shifted with regard to gambling, as evidenced by the enactment of statutes legalizing certain forms of gambling, therewas a continued public policy in the Lone Star State which disfavors gambling on credit. The district court's grant of summary judgment in favor of Carnival was reversed. 6. Carnival could then pursue Aubin for fraud because he signed the drafts, promising to pay Carnival. By stopping payment on the bank drafts, he established his intention to not pay. 7. Aubin claims he expected to win, so the markers wouldn t be necessary. 8. He considers his loss of the entire $ 25,000 in chips to the casino as his returning the sum of money he was lent. 9. Carnival's arguments focus on its contention that the language quoted above on the face of the markers constituted a material misrepresentation by Aubin that there were sufficient funds in his bank account to cover the credit he was seeking.

III.

The issue presented by the case, stated as a one-sentence question answerable only by yes or no 25 words

Can an unpaid gambling debt constitute fraudulent activity if issued on house credit?

IV.

The court s resolution of the issue(the holding)

25 words

The debt owed to Carnival of $25,000 based on fraud is considered unenforceable and reversed, and therefore the instant judgement is infirm.

V.

A summary of the court s reasoning justifying the holding

200 words

Due to the fact the only real allegation of misrepresentation was that Aubin signed the markers wholly knowing they were unenforceable in his home state (by operation of law), would require that we recognize an exception to Texas public policy that does not exist. We cannot in good conscience render an opinion which would do violence toAubin I.