Harris v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of-a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The circumstances show the. agreement contemplated driving the horses for bets or wagers.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of-a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The circumstances show the. agreement contemplated driving the horses for bets or wagers. (Gibbons v. Gouverneur, 1 Denio, 170-3; 1 RS. 662, § 8.) The driving for bets or wagers aforesaid was in violation of a statute of this State. (1 R. S. 672, § 55; Ruckman v. Pitcher, 1 N. Y. 395; 1 Denio, 176.) Where an act is prohibited by statute…
1Opinion of the Court
Folger, Ch. J.
This action is brought upon an account, which is of five items. This appeal touches one of them only; that one is for the service of the plaintiffs for the defendant, done in fact by the plaintiff Erwin L. Harris. It is stated in the complaint as six months and seven days’ labor, at $250 per month, footing up at $1,568.50. The answer sets up several defenses. The one that we need notice is, that the service above mentioned was rendered by Erwin L. as a jockey or driver of the horses of the defendant in races for money, in violation of the laws of the State of Hew York against…
2Cases cited8 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Holmes v. BroughtonNew York Supreme Court · 1833
- Cutler v. . WrightNew York Court of Appeals · 1860
- McCulloch v. . NorwoodNew York Court of Appeals · 1874
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3Cited by100 opinions
- Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
- Intercontinental Hotels Corp. v. GoldenNew York Court of Appeals · 1964
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- People v. . StedekerNew York Court of Appeals · 1903
- Culver v. People ex rel. KocherspergerIllinois Supreme Court · 1896
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