Ellis v. Beale
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. The action was money had and received, and was brought to recover back the sum of fifty dollars lost at gaming.
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Exceptions from the Middle District Court, Redington J. presiding. The action was money had and received, and was brought to recover back the sum of fifty dollars lost at gaming. The plaintiff offered to prove, that he and the defendant agreed to trot horses, and laid a wrager of fifty dollars on the speed of their respective horses ; that the amount of the wager was deposited in the hands of a stakeholder, to be paid to the winner of the wager; that the plaintiff and defendant did trot their horses ; and that the stakeholder thereupon paid the fifty dollars deposited in his hands by the…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The question, upon which this cause must necessarily turn is, whether horse racing is a game, within the stat. *339of 1821, c. 18. If it is, there can be no just distinction taken, between the trotting and racing of horses. And we are of opinion, that horse racing is a game; and so within the statute. Cards and dice are expressly named, “ Any other game,” embraces a great variety of other devices of chance or skill, by which money may be lost or won. Cock fighting, horse racing and foot racing are called games, by the statute, 16 Charles 2d, c. 7.
Under…
2Cases cited1 opinion
- Carothers v. WilkersonCourt of Appeals of Texas · 1884
3Cited by8 opinions
- People v. WeithoffMichigan Supreme Court · 1883
- Swigart v. PeopleIllinois Supreme Court · 1895
- Ryan v. Motor Credit Co., Inc.New Jersey Superior Court Appellate Division · 1941
- Foley v. WhelanSupreme Court of Minnesota · 1945
- Opinion of the JusticesSupreme Court of New Hampshire · 1906
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