John v. Eytinge
The Superior Court of New York City
Appeal from a judgment entered at a trial term, dismissing the complaint, with costs. The plaintiff's cause of action is stated in his complaint in these terms: “ The plaintiff complaining shows that the defendants, on or about the 13th September, 1865, won at gaming of the plaintiff, the sum of eight hundred and sixty-one dollars, whereby the defendants became indebted to the plaintiff in the aforesaid sum, and the plaintiff immediately thereafter demanded the said sum of…
Read the full summary
Appeal from a judgment entered at a trial term, dismissing the complaint, with costs. The plaintiff's cause of action is stated in his complaint in these terms: “ The plaintiff complaining shows that the defendants, on or about the 13th September, 1865, won at gaming of the plaintiff, the sum of eight hundred and sixty-one dollars, whereby the defendants became indebted to the plaintiff in the aforesaid sum, and the plaintiff immediately thereafter demanded the said sum of the defendants. And the plaintiff alleges that an action accrued to him to recover said sum, with interest, according to…
1Opinion of the CourtMcCunn, J.
This action was brought to recover money lost at gambling, and is based on the fourteenth section of article 3, title 8, chapter 20, Revised Statutes. The section is in these words: “ Every person who shall by playing at any game or by betting on the sides or hands of such -as do play, lose.at any time or sitting, the sum or value of twenty-five dollars or upwards, and shall pay or deliver the same or any part thereof, may, within three calendar months after' such payment or delivery, sire for and recover the money or value of the things so lost, and paid and delivered from the winner…
2Cases cited20 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Smith v. Lockwood & WoodNew York Supreme Court · 1852
15 more not listed; retrieve them via the Exa API.