Willard v. Doran & Wright Co.
New York Supreme Court
Appeal from an order, made at the Rensselaer Special Term, referring the action to a referee to hear and determine. The action was brought to recover the sum of $8,820 paid by the plaintiff to the defendant, in settlement of wagers and bets lost by the plaintiff and won by the defendant, it being alleged that said bets and wagers were unlawful under the laws of the State of New York governing the subject of betting and gaming, and that, under the said laws, the defendant was…
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Appeal from an order, made at the Rensselaer Special Term, referring the action to a referee to hear and determine. The action was brought to recover the sum of $8,820 paid by the plaintiff to the defendant, in settlement of wagers and bets lost by the plaintiff and won by the defendant, it being alleged that said bets and wagers were unlawful under the laws of the State of New York governing the subject of betting and gaming, and that, under the said laws, the defendant was liable to the plaintiff for the sums paid to the defendant on said bets.
1Opinion of the Court
BeARNED, P. J. :
The opinion of the learned justice who granted the order of reference shows that the principal ground taken by the defendants before him was that the action was one for penalties or forfeiture.
On this appeal, however, the defendants ■ urge rather that the action is not on contract, and therefore that it cannot be referred. (Townsend v. Hendricks, 40 How., 143.) The learned justice, following the language of McDougall v. Walling (48 Barb., 364), speaks of defendant’s liability as on “ an implied contract.” There has been some inaccuracy in the use of this phrase. If it is…
2Cases cited6 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- Meech v. . StonerNew York Court of Appeals · 1859
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Silmser v. RedfieldNew York Supreme Court · 1837
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