Corson v. Neatheny
Supreme Court of Colorado
Appeal from District Court of San Miguel County.' The complaint alleges — First, that the plaintiff resides in the county of San Miguel, state of Colorado; second, that on the 10th day of July, A. D. 1883, at Mark’s ranche, in the county of Ouray and state of Colorado, the plaintiff deposited. in the hands of the defendant, as .stakeholder, divers sums of money, not exceeding the sum of $2,000, to wit, the sum of $885, to abide the event of wagers made between the plaintiff…
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Appeal from District Court of San Miguel County.' The complaint alleges — First, that the plaintiff resides in the county of San Miguel, state of Colorado; second, that on the 10th day of July, A. D. 1883, at Mark’s ranche, in the county of Ouray and state of Colorado, the plaintiff deposited. in the hands of the defendant, as .stakeholder, divers sums of money, not exceeding the sum of $2,000, to wit, the sum of $885, to abide the event of wagers made between the plaintiff and divers other persons on the result of a horse-race; third, that on the 11th day of July, A. D. 1883, in the town of…
1Opinion of the CourtElbert, J.
The court did not err in overruling the defendant’s demurrer. The word “ gaming ” is held to *214extend to “ physical contests, whether of man or beast, when practiced for the purpose of deciding wagers, or for the purpose of diversion, as well as to games of hazard or skill, by means of instruments or devices.” Horse-racing is gaming, within the intent of section 850, Gen. St. Boughner v. Meyer, 5 Colo. 71; Tatman v. Strader, 23 Ill. 493; Shropshire v. Glascock, 4 Mo. 536; Boynton v. Curle, id. 599. It follows that a wager upon a horse-race is a gaming contract, and “utterly void and of no…
2Cases cited10 opinions
- Hawley v. BarkerSupreme Court of Colorado · 1879
- Tatman v. StraderIllinois Supreme Court · 1860
- Shropshire v. GlascockSupreme Court of Missouri · 1837
- Boughner v. MeyerSupreme Court of Colorado · 1879
- Wilkinson v. TousleySupreme Court of Minnesota · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anthony v. SlaydenSupreme Court of Colorado · 1900
- Everhart v. PeopleSupreme Court of Colorado · 1913
- Cobb v. Stratton's EstateSupreme Court of Colorado · 1913
- Schoenberg v. AdlerWisconsin Supreme Court · 1900
- Fischer v. HannaColorado Court of Appeals · 1896
11 more not listed; retrieve them via the Exa API.