Bevins v. Reed
The Superior Court of New York City
This was an action brought under the statute, to recover the sum of $250, being the amount of a bet made by the plaintiff with one Darragh, in the month of December, 1847, the money being deposited with the defendant, as stakeholder. The declaration contained the common counts, and a special count under the statute.
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This was an action brought under the statute, to recover the sum of $250, being the amount of a bet made by the plaintiff with one Darragh, in the month of December, 1847, the money being deposited with the defendant, as stakeholder. The declaration contained the common counts, and a special count under the statute. The plea was the general issue, with a plea and notice of set off, to the effect, that in December, 1847, the defendant had also deposited with the plaintiff, as stakeholder, the sum of $250, being the amount of a bet made by the defendant with one Riley. The cause was tried…
1Opinion of the CourtBy the Court. Sandford, J.
The only point presented by the case, is on the rejection of the defendants proposed set off. The issue made by the plea of set off, is upon the plaintiff’s indebtedness to the defendant, in respect of the money Staked by the latter in his hands.
It was said the defendant’s bet was not upon any future or contingent event, and was therefore legal. This conclusion is, however, wholly erroneous. The statute against betting and gaming, forbids wagers on any unknown event, and the subject matter of this wager was of that description. By the statute, all such bets are unlawful, and all contracts for…
2Cases cited1 opinion
- McKeon v. CahertyThe Superior Court of New York City · 1828
3Cited by1 opinion
- Craig v. ButlerMichigan Supreme Court · 1860