Tyler v. Carlisle
Supreme Judicial Court of Maine
On exceptions, which were as follows : "This was an action of assumpsit, to recover one hundred and fifty dollars, which plaintiff claimed he loaned and delivered to the defendant in money, while defendant was engaged in a game of poker. Defendant claimed that the one hundred and fifty dollars was a poker or gambling debt, and was the amount he was indebted to the plaintiff at the end of the game. The verdict was for the defendant.
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On exceptions, which were as follows : "This was an action of assumpsit, to recover one hundred and fifty dollars, which plaintiff claimed he loaned and delivered to the defendant in money, while defendant was engaged in a game of poker. Defendant claimed that the one hundred and fifty dollars was a poker or gambling debt, and was the amount he was indebted to the plaintiff at the end of the game. The verdict was for the defendant. The presiding-judge instructed the jury as follows : "That if the lender of money knows that the borrower wants it to gamble with, and lends it to him, with the…
1Opinion of the CourtPeters, C. J.
The plaintiff claims to recover a sum of money loaned by him while the defendant was engaged in playing at «cards. The ruling, at the trial, was that, if the plaintiff let the money with an express understanding, intention and purpose that it was to be used to gamble with, and it was so used, the debt so created cannot be recovered; but otherwise, if the (plaintiff had merely knowledge that the money was to be so used. Upon authority and principle the ruling was correct.
Any different doctrine would in most instances, be impracticable and unjust. It does not follow that a lender has a guilty…
2Cases cited4 opinions
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Gaylord v. SoragenSupreme Court of Vermont · 1859
- Peck v. BriggsNew York Supreme Court · 1846
- Green v. CollinsU.S. Circuit Court for the District of Massachusetts · 1871
3Cited by11 opinions
- Wassermann v. SlossCalifornia Supreme Court · 1897
- Futch v. SangerCourt of Appeals of Texas · 1914
- Greenberg v. Evening Post Asso.Supreme Court of Connecticut · 1917
- Munns v. Donovan Commission Co.Supreme Court of Iowa · 1902
- Stover v. FlowerSupreme Court of Iowa · 1903
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