McCarthy v. . Meaney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the - facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the - facts, so far as material, are stated in the opinion. The referee received, in evidence certain papers which were clearly inadmissible and incompetent, and the sole foundation of his conclusion of law that the plaintiff is entitled to recover from the defendants the amount paid by Taylor to defendants and of the judgment entered in accordance therewith.…
1Opinion of the Court
Cullen, Ch. J.
This action was brought under the statute by plaintiff in his own right and as assignee of others to recover moneys lost on wagers. The defendants were engaged in conducting that kind of gambling business denominated by the referee and popularly known as a “ bucket shop ; ” that is to say, ostensibly they were carrying on business as stockbrokers, but, in reality, while they accepted orders of customers they neither bought nor sold stocks in compliance therewith, but when the transaction was closed they either paid to or received from their customers gains or losses as…
2Cases cited2 opinions
- Hurd v. . TaylorNew York Court of Appeals · 1905
- Clark v. National Shoe & Leather BankNew York Court of Appeals · 1900
3Cited by12 opinions
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- People v. GoldfeldAppellate Division of the Supreme Court of the State of New York · 1977
- People v. OwensAppellate Division of the Supreme Court of the State of New York · 2015
- Iannielli v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Brown v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1966
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