Hoyt v. . Cross
New York Court of Appeals
Appeal from judgment of the General Term of' the City Court of Brooklyn, entered upon an order made October 26, 1885, which overruled plaintiff’s exceptions ordered to be heard at first instance at General Term, and directed judgment upon a verdict. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtEarl, J.
This action was brought to recover on a promissory note made by the defendant, dated March 10, 1884, whereby he promised to pay the plaintiff on demand the sum of $500. The defendant alleged in his answer that the-plaintiff played with him at a game of chance called cribbage, for stakes upon credit, and that at such gaming he won from time to time the sum of $500; that the note sued on was; given for the money so staked and lost, and that it was void' and contrary to the statute against gambling and betting.
The trial judge, after hearing ail the evidence, directed a verdict in favor of the…
2Cited by3 opinions
- Sheary v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1902
- Searles v. LumMissouri Court of Appeals · 1901
- Smalling v. JacksonAppellate Division of the Supreme Court of the State of New York · 1909