Brown v. Thompson
Court of Appeals of Kentucky
Case 18 — PETITION ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. The statute against gaming applies to all persons who lose money at any game.
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Case 18 — PETITION ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. The statute against gaming applies to all persons who lose money at any game. (Secs. 1, 2, chap. 47, Gen. Stat.; see. 17, chap. 21, Gen. Stat.; Conner v. Ragland, 15 B. Mon. 636; Chambers v. Simpson, 1 Mon. 114; Statutes of New York, secs. 8,14, art. 3, title 8, vol. 1, page 614; McDougal v. Walling, 48 Barb. 370; Meech v. Stoner, 19 N. Y. 27.) 1. The statute makes no provision for the recovery of money bet by agents, or for the recovery of money furnished another for betting purposes, as in this case. •
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
Thompson bet against the bank, and the special findings and Brown’s reply show that Brown had put his money in to stock the bank, and was interested to that extent in it.
The case presented then is this, Can one who sets up, or is interested in setting up, a faro-bank, and who loses money to those who bet against the bank, recover it back?
The language of the statute is, “ If any person shall lose to another ” he may recover it back, but when the evil which led to the passage of the act is considered, it is evident that the legislature did not…
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