Samuels v. Ainsworth
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. H. W. Lane. The plaintiff declared in assumpsit, against the defendant, and a trial was had in the court below on the plea of nonassumpsit. In the progress of the trial, a bill of exceptions was sealed by the presiding judge, which presents the following facts: In the month of November, 1843, the plaintiff, and defendant, bet a hundred dollars on a horse race, and each staked the money in the hands of a third person.
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Error to the Circuit Court of Benton. Before the Hon. H. W. Lane. The plaintiff declared in assumpsit, against the defendant, and a trial was had in the court below on the plea of nonassumpsit. In the progress of the trial, a bill of exceptions was sealed by the presiding judge, which presents the following facts: In the month of November, 1843, the plaintiff, and defendant, bet a hundred dollars on a horse race, and each staked the money in the hands of a third person. The race was run in Benton county, and the defendant won the race. The stakeholder, without notice from the plaintiff, paid…
1Opinion of the CourtDargan, J.
At common law, money lost on a horse-race, could not be recovered back of the winner, by the loser. Childress v. May, 2 Stew. & Por. 250; 9 Porter, 227; 7 Ala. R. 357.
Our statute, passed 1807, (Clay’s Dig. 257,) makes void all provisions, agreements, bonds, bills, notes, or other contracts, judgments, mortgages, Sfc. where the whole, or any part of the consideration of such bond, bill, note, &c. shall be for money, or other valuable thing, laid, or bet, at cards,, dice, or at any other gaming table, called A, B, C, or E, O, or billiards, or at any other table, known, and distinguished by any…
2Cases cited3 opinions
- Black v. OliverSupreme Court of Alabama · 1840
- Windham v. ChildressSupreme Court of Alabama · 1845
- Wood v. DuncanSupreme Court of Alabama · 1839
3Cited by2 opinions
- Cooper v. RowleyOhio Supreme Court · 1876
- Thornhill v. O'RearSupreme Court of Alabama · 1895