Legal Opinion

Allgear v. Walsh

Missouri Court of Appeals

Decided January 10, 1887PublishedCited by 6 opinions

Appeal from Buchanan Circuit Court, • Hon. Joseph P. Grubb, Judge. The case and facts are stated in the opinion. I. The object of the statute to prevent betting and gambling was the protection of the public morals, and the court should have instructed the jury, as asked by defendant, that plaintiff could not recover.

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Appeal from Buchanan Circuit Court, • Hon. Joseph P. Grubb, Judge. The case and facts are stated in the opinion. I. The object of the statute to prevent betting and gambling was the protection of the public morals, and the court should have instructed the jury, as asked by defendant, that plaintiff could not recover. Story v. Brennen, 15 N. Y. 524; Hayden v. Little, 35 Mo. 418 ; 12 Metcalf (Mass.) 327; 11 Cushing (Mass.) 358. The central idea of the act, which is in aid of the statute defining and punishing gambling as a criminal offence, is to discourage and suppress gambling by the most…

1Opinion of the CourtPhilips, P. J.

The plaintiff sued the defendanf in trover for the conversion of a barrel of whiskey. The answer, after tendering the general issue, pleaded thai prior to the general state election in 1884, the plaintiff made a bet with one Flaisig, to the effect, that plaintiff wagered one hundred dollars against one barrel of whiskey, the property of Flaisig, that Marmaduke would be elected governor of the state; that prior tc *138this bet the said Flaisig, in order to induce defendant to go on a note with him as surety to the Saxton National Bank, of St.' Joseph, for the sum of twenty-two hundred dollars,…

2Cases cited8 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. Williams v. WallSupreme Court of Missouri · 1875
  3. Watson v. HarmonSupreme Court of Missouri · 1885
  4. O'Donoghue v. CorbySupreme Court of Missouri · 1856
  5. Gowan's Administrator v. GowanSupreme Court of Missouri · 1860

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Poplin v. BrownMissouri Court of Appeals · 1918
  2. Howell, Jewett & Co. v. Caryl & Co.Missouri Court of Appeals · 1892
  3. Arnold v. Sedalia National BankMissouri Court of Appeals · 1903
  4. Clubb v. ScullinSupreme Court of Missouri · 1911
  5. Knapp v. KnappMissouri Court of Appeals · 1906

1 more not listed; retrieve them via the Exa API.

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