West v. Holmes
Supreme Court of Vermont
Assumpsit for money had and received. Plea, the general issue, and trial by the court. On the trial, the plaintiff read in evidence the statement of one Joseph Woolley, from which it appeared that the defendant, Geo. R. Holmes, of Stanstead, in Canada, came to said Woolley’s house, at Derby Line, and enquired of said Woolley, if he got what he, Woolley had told him he did, for three horses that said Woolley had sold in Boston; that.
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Assumpsit for money had and received. Plea, the general issue, and trial by the court. On the trial, the plaintiff read in evidence the statement of one Joseph Woolley, from which it appeared that the defendant, Geo. R. Holmes, of Stanstead, in Canada, came to said Woolley’s house, at Derby Line, and enquired of said Woolley, if he got what he, Woolley had told him he did, for three horses that said Woolley had sold in Boston; that. Woolley told him that he did; that defendant then asked Woolley if there was any .condition to the trade, and was told that there was none. That defendant then…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
I. We could scarcely regard money lost upon a wager, as coming within the sec. 12 chapter 110 of the Compiled Statutes, as being lost at a “game or sport.” We suppose this refers to gaming only, and that the word sport is added to game, so as to show that game was intended to be used in its utmost extension. Still we think it was only intended to include money lost at some game or play, either of skill or chance. This is the view taken of the penal portion of the statute in Collamer v. Day, 2 Vt. 144, and we do not well see how any…
2Cases cited2 opinions
- Tarleton v. BakerSupreme Court of Vermont · 1843
- Collamer v. DaySupreme Court of Vermont · 1829
3Cited by5 opinions
- Love v. HarveyMassachusetts Supreme Judicial Court · 1873
- Ferguson v. YuntSouth Dakota Supreme Court · 1900
- Jones v. CavanaughMassachusetts Supreme Judicial Court · 1889
- Welsh v. CutlerSupreme Court of New Hampshire · 1860
- McDonough v. WebsterSupreme Judicial Court of Maine · 1878