Cutshall v. McGowan
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — How. P. C. Stepp, Judge. Filed argument on merits. (1) To avail a party of the benefits of our statute against gaming, suit must be brought within three months. Sec. 3431, R. S. 1899; Ryan v. Judy, 7 Mo. App. 74; Connor v. Black, 132 Mo. 150-4. (2) It is not necessary that the limitation be pleaded, in order that it may be relied upon as a defense. 19 Am. and Eng. Ency. of Law (2 Ed.), Í50; Morgan v. Railroad, 51 Mo.
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Appeal from Harrison Circuit Court. — How. P. C. Stepp, Judge. Filed argument on merits. (1) To avail a party of the benefits of our statute against gaming, suit must be brought within three months. Sec. 3431, R. S. 1899; Ryan v. Judy, 7 Mo. App. 74; Connor v. Black, 132 Mo. 150-4. (2) It is not necessary that the limitation be pleaded, in order that it may be relied upon as a defense. 19 Am. and Eng. Ency. of Law (2 Ed.), Í50; Morgan v. Railroad, 51 Mo. App. 323-5; Sparks v. Railroad, 31 Mo. App. 111-14; In the Harrisburg, 119 U. S. 199. (3) To recover against a stakeholder in Missouri, at…
1Opinion of the CourtSmith, P. J.
This action was commenced on April 3, 1901. The petition alleges inter alia that on November 23, 1900, the plaintiff;, made a bet with one Kendle on a horse race to be run, and at the time of making the bet plaintiff and said Kendle each deposited with the defendant $295, and that by the terms' of the bet if plaintiff’s horse won, then the entire amount so bet was to be paid to plaintiff; if Kendle’s horse won, then the said entire amount was to be paid to him; that defendant received and held said stake, knowing the terms and conditions of said wager as aforesaid; that by the terms of said…
2Cases cited11 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- Williams v. WallSupreme Court of Missouri · 1875
- McNamara v. SlavensSupreme Court of Missouri · 1882
- Shropshire v. GlascockSupreme Court of Missouri · 1837
- Swaggard v. HancockMissouri Court of Appeals · 1887
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3Cited by3 opinions
- Cox v. LeeMissouri Court of Appeals · 1975
- Sheets v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1911
- Bank of Anderson v. BreedinSupreme Court of South Carolina · 1922