Like v. Thompson
New York Supreme Court
This was a writ of error to the Rensselaer county court. Like sued Thompson in trover before a justice of the peace, to recover the value of a watch. The defendant pleaded the general issue. It appeared on the trial that Like and one Ambler had made a bet or wager of watches on the result of an election. The watches were deposited with Thompson as stakeholder. About a fortnight after the election Like gave notice to Thompson not to give up the watch to Ambler.
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This was a writ of error to the Rensselaer county court. Like sued Thompson in trover before a justice of the peace, to recover the value of a watch. The defendant pleaded the general issue. It appeared on the trial that Like and one Ambler had made a bet or wager of watches on the result of an election. The watches were deposited with Thompson as stakeholder. About a fortnight after the election Like gave notice to Thompson not to give up the watch to Ambler. It did not appear clearly from the evidence whether the watch had at that time been given up to Ambler; but the watch was given to…
1Opinion of the Court
By the Court, Parker., J.
The plaintiff does nA seek to recover under the statute against betting and gaming (1 R. S. 665 ; 2 Id. 352;) but his counsel contends that, upon the facts proved, he was entitled to recover at common law. He claims that by the common law a party to a bet may rescind it and recover back the property, on giving notice to the stakeholder not to deliver it to the winner, at any time before it has been actually delivered. Such have undoubtedly been the English decisions. (Cotton v. Thurland, 5 T. R. 405. Smith v. Birkmore, 4 Taunt. 474. . Hastleton v. Jackson, 8 Barm &…
2Cases cited2 opinions
- Yates v. FootCourt for the Trial of Impeachments and Correction of Errors · 1814
- Fowler v. Van SurdamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by4 opinions
- Johnston v. RussellCalifornia Supreme Court · 1869
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Rust v. GottNew York Supreme Court · 1828
- Watts v. MalatestaAppellate Division of the Supreme Court of the State of New York · 1932