Causidere v. Beers
New York Court of Appeals
Hark Causidiere sued George W. Beers in the New York common pleas, to recover money of the plaintiff’s, alleged to have been lost by one Eugene Delonne, a clerk in his employment, at a gambling table, of which the defendant was the proprietor.
Read the full summary
Hark Causidiere sued George W. Beers in the New York common pleas, to recover money of the plaintiff’s, alleged to have been lost by one Eugene Delonne, a clerk in his employment, at a gambling table, of which the defendant was the proprietor. The complaint alleged that on divers days between April 26 and July 3, 1857, one Eugene Delonne, a clerk of the plaintiff, unlawfully lost at play, and the defendant won at play and received from Delonne, certain bank notes or bills and moneys, the property of the plaintiff; and that Delonne never had or received from the defendant, and the defendant…
1Opinion of the Court
By the Court.
Brown, J.
[After staling the facts.]— Meech v. Stoner, 19 N. Y. 26, determines that money lost in gaming is assignable as other choses in action, and the right to prosecute given to the losing party is not a mere personal privilege which is unavailable by any one to whom he may have transferred the claim. The principle upon which the decision rests is, that the transaction is utterly void, and the winner obtains thereby no title in himself to the money won; but the inability of the loser to recover the money back is based upon another maxim of the common law, which withholds…
2Cases cited4 opinions
- Meech v. . StonerNew York Court of Appeals · 1859
- Pierce v. CraftsNew York Supreme Court · 1815
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1822
- Rapalje v. EmorySupreme Court of the United States · 1790
3Cited by4 opinions
- Botts v. Mercantile BankAppellate Division of the Supreme Court of the State of New York · 1915
- Conway v. ConwayNew York Supreme Court · 1893
- Botts v. Mercantile BankAppellate Division of the Supreme Court of the State of New York · 1915
- Kean v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1924