Ruckman v. . Pitcher
New York Court of Appeals
Error from the supreme court, where the action was debt, brought by Ruckman against Pitcher,' for money had and received contrary to the provisions of the statute against betting and gaming.
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Error from the supreme court, where the action was debt, brought by Ruckman against Pitcher,' for money had and received contrary to the provisions of the statute against betting and gaming. The defendant pleaded nil debet, and the cause was tried at the New-York circuit held by Kent, circuit judge, in October, 1844. The case was this: The plaintiff made a bet of $3000 with one Minturn on the event of a trotting match to take place at the Centreville course on Long Island, and the money on both sides was deposited with the defendant as stakeholder. Minturn won the wager and immediately after…
1Opinion of the CourtJones, J.
It is claimed to have been shown, on the trial of this cause, that the race was run upon a regulated course in Q-ueens county, in full accordance with the special statutes exempting certain races in that county from the prohibitions and penalties of the general statute on the subject of the racing of animals; (Slat. 1834, ch. 73 ; id. 1821, ch. 193 ;) and hence it has been insisted, that as the race itself was lawful under those statutes, the same statutes permitted and sanctioned the bet or wager upon the result of the race. I understand the supreme court to have held that the wager was…
2Cases cited3 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Ruckman v. BryanNew York Supreme Court · 1846
- Lewis v. MinerNew York Supreme Court · 1846
3Cited by23 opinions
- Watts v. MalatestaNew York Court of Appeals · 1933
- In re GreenDistrict Court, W.D. Wisconsin · 1877
- People ex rel. Collins v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1908
- Mendoza v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
- People v. CamioNew York City Magistrates' Court · 1937
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