Legal Opinion

Lyons v. Hodgen

Court of Appeals of Kentucky

Decided June 17, 1890PublishedCited by 6 opinions

Case 46 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The appellees were keepers of a “bucket-shop,” in which wagering was done on the future rise or fall of prices 'in grain, &e. This was a “wager” in the meaning of the statute. (Sawyer, Wallace & Co., v. Taggart, 14 Bush, 751; Smith v. Western Union, 84 Ivy., 684; Beadles, Wood & Co. v. MeElrath, 85 Ky., 280; Irwin v. Milliar, 110-U. S., 508; Commonwealth v. Helm, 9 Ky.

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Case 46 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The appellees were keepers of a “bucket-shop,” in which wagering was done on the future rise or fall of prices 'in grain, &e. This was a “wager” in the meaning of the statute. (Sawyer, Wallace & Co., v. Taggart, 14 Bush, 751; Smith v. Western Union, 84 Ivy., 684; Beadles, Wood & Co. v. MeElrath, 85 Ky., 280; Irwin v. Milliar, 110-U. S., 508; Commonwealth v. Helm, 9 Ky. Law Rep., 532; Bryant v. Western Union, 17 Federal Reporter, 825.) 2. The fact that this statute was enacted in 1852, before “bucket-shops” had become an…

1Opinion of the CourtChief Justice Lewis

Appellant brought this action to recover of appellees sixteen hundred dollars, alleged in his petition to have been lost and paid by him and won and received by them in sums of more than five dollars at any one time between January, 1884, and January, 1886, in bets and wagers, between him and them rrpon the future rise and fall in price of petroleum, grain, provisions and stocks, which bets and wagers were determined, and settlements thereof made according to difference in each case, less commissions charged by them, between the contract price at time of a deal *283and. market price on the day…

2Cases cited3 opinions

  1. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1887
  2. Sawyer, Wallace & Co. v. TaggartCourt of Appeals of Kentucky · 1879
  3. Beadles, Wood & Co. v. McElrath & Co.Court of Appeals of Kentucky · 1887

3Cited by6 opinions

  1. Central Trust & Safe Deposit Co. v. RespassCourt of Appeals of Kentucky · 1902
  2. Kneffler v. CommonwealthCourt of Appeals of Kentucky · 1893
  3. Dowell v. PumphreyCourt of Appeals of Kentucky · 1922
  4. John L. Dunlap & Co. v. PerryCourt of Appeals of Kentucky · 1921
  5. Lilienthal v. Carpenter, Baggott & Co.Court of Appeals of Kentucky · 1912

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