Scott v. Courtney
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Lincoln County. .The facts are stated in the opinion. At common law, originally a special indebitatus assumpsit might be maintained for money won at gaming; for the contract was not •unlawful in itself, and the winner venturing his money was a sufficient consideration to 'entitle him to the action.
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Appeal from the District Court of the Seventh Judicial District, Lincoln County. .The facts are stated in the opinion. At common law, originally a special indebitatus assumpsit might be maintained for money won at gaming; for the contract was not •unlawful in itself, and the winner venturing his money was a sufficient consideration to 'entitle him to the action. Burling v. Frost, 1 Esp. 235 ; 2 Bacon’s Abridgement, 450; Bryant v. Mead, 1 Cal. 441. Afterward it was held that money won at a common _gaming house by the keeper could not be recovered, because gaming under such circumstances came…
1Opinion of the Court
By the Court,
Lewis, C. J.:
The facts of this case, as found by the judge below, are: “ That during the month of April, a. d. 1871, the plaintiff kept a public gambling room in the house of one M. M. McClusky, in Pioche City, * * * * and had therein a public game known as £ faro,’ which he, the said plaintiff, dealt, the same having been licensed according to law. That in the fore part of said month of April, the defendant lost at the said game, kept and dealt by said plaintiff, during one evening, the sum of six hundred dollars; and not having the money in his possession, agreed to pay in a…
2Cases cited3 opinions
- Bryant v. MeadCalifornia Supreme Court · 1851
- Carrier v. BrannanCalifornia Supreme Court · 1853
- Badgley v. BealeSupreme Court of Pennsylvania · 1834
3Cited by21 opinions
- People v. LimCalifornia Supreme Court · 1941
- West Indies v. First Nat. Bank of NevadaNevada Supreme Court · 1950
- Hamilton v. AbadjianCalifornia Supreme Court · 1947
- J. E. Burke & Co. v. BuckNevada Supreme Court · 1909
- Weisbrod v. Fremont Hotel, Inc.Nevada Supreme Court · 1958
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