Eldred v. Malloy
Supreme Court of Colorado
Error to Probate Court, Jefferson County. Assumpsit upon a written instrument in this form: “ Golden City, Col. Ter., May 20,1870. “ Nine months after date, for value received, I promise to pay J. A. Remington, or order, five hundred dollars, without defalcation or discount, at Golden City, Colorado.
Read the full summary
Error to Probate Court, Jefferson County. Assumpsit upon a written instrument in this form: “ Golden City, Col. Ter., May 20,1870. “ Nine months after date, for value received, I promise to pay J. A. Remington, or order, five hundred dollars, without defalcation or discount, at Golden City, Colorado. The consideration of the above is that if the railroad is completed and cars running to a point inside the Table Mountains, at Golden City, Colorado territory, on or before the 20th of February, A. D. 1871, the above sum will be duly paid to the before-mentioned J. C. Remington; otherwise the…
1Opinion of the CourtBeleord, J.
Notwithstanding the fact that contracts of wager have been regarded as valid at common law, a disposition has been steadily growing in all respectable courts to discountenance and ignore them. It is generally conceded that the principle was engrafted on that system at a time when but little consideration was given to the subject, and the right to recover in such cases quite fully established before any searching inquiries were made into the moral tendencies of the doctrine. While bowing to the authority of Lord Manseield, such able jurists as Ellenborohgh and Campbell and Le Blawc have…
2Cited by8 opinions
- McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906
- Jennings v. First Nat. BankSupreme Court of Colorado · 1889
- Schoenberg v. AdlerWisconsin Supreme Court · 1900
- Joseph v. CatronNew Mexico Supreme Court · 1905
- Condado Aruba Caribbean Hotel v. TickelColorado Court of Appeals · 1977
3 more not listed; retrieve them via the Exa API.