Ball v. Gilbert
Massachusetts Supreme Judicial Court
This was an action of assumpsit, in which the declaration alleged that “ the said Gilbert, at Boston, on the seventh day of November 1844, for value received of the plaintiff, drew his order, in writing, under his hand, of that date, directed to James Cheever, therein arid thereby requesting said Cheever to pay to the plaintiff the sum of one hundred dollars; and the plaintiff, on said seventh day of November, at said Boston, presented said order to the said Cheever for his…
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This was an action of assumpsit, in which the declaration alleged that “ the said Gilbert, at Boston, on the seventh day of November 1844, for value received of the plaintiff, drew his order, in writing, under his hand, of that date, directed to James Cheever, therein arid thereby requesting said Cheever to pay to the plaintiff the sum of one hundred dollars; and the plaintiff, on said seventh day of November, at said Boston, presented said order to the said Cheever for his acceptance and payment, which the said Cheever then and there refused to do; of which the said Gilbert then and there…
1Opinion of the CourtShaw, C. J.
We do not think it necessary, in this case, to enter on the general discussion whether, in this Commonwealth, a wager on an indifferent subject, in which the parties have no other interest than that created by the wager itself, is a legal contract, or one which may be enforced in a court of justice. . In England, it has been reluctantly held, until recently, and still is, unless changed by statute, that for an equal wager, upon an indifferent subject, depending upon a contingency, though of a trivial nature, an action may be maintained; Good v. Elliott, 3 T. R. 693; though in that case a very…
2Cases cited6 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Bunn v. RikerNew York Supreme Court · 1809
- Yates v. FootCourt for the Trial of Impeachments and Correction of Errors · 1814
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Lansing v. LansingNew York Supreme Court · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilson v. HSBC Mortgage Services, Inc.Court of Appeals for the First Circuit · 2014
- Clark v. Mortgage Electronic Registration Systems, Inc.District Court, D. Rhode Island · 2014
- Lister v. Bank of America, N.A.District Court, D. Rhode Island · 2014
- Proal v. JP Morgan Chase & Co.District Court, D. Massachusetts · 2016
- ClearVue Opportunity XV, LLC v. SheehanMassachusetts District Court, Appellate Division · 2015
3 more not listed; retrieve them via the Exa API.