Stoddard v. Martin
Supreme Court of Rhode Island
This was. an action on the case, in which the plaintiff declared for mon'ey had and received, and also, that the defendant, at Providence, on the 26th day of October, 1826, by his certain order or check, of that date, by him signed, for value received, requested the cashier of the Eagle Bank in Providence, to pay the plaintiff, or bearer, fifty dollars.
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This was. an action on the case, in which the plaintiff declared for mon'ey had and received, and also, that the defendant, at Providence, on the 26th day of October, 1826, by his certain order or check, of that date, by him signed, for value received, requested the cashier of the Eagle Bank in Providence, to pay the plaintiff, or bearer, fifty dollars. And the plaintiff averred, that on the 5th day of March, 1827, he presented said check to said cashier, at said bank, who then and there refused to pay the same, of which the plaintiff then and there, on the same day, gave the defendant…
1Opinion of the CourtEddy, C. J.
It is admitted that by the common law, some wagers are legal, and may be enforced in a court of justice. This admission is made with regret in many of the modern decisions ; and were the question res integra, there is little doubt that all wagers would now be declared illegal. Among wagers deemed illegal, are those against sound policy, or of immoral tendency, which may affect the feelings, interest or character of a third party, or tend to disturb the peace of society.
In the case of Gilbert and Sykes, (16 East, 156,) an action on a wager on the life of Bonaparte, Lord Ellen-borough says: “…
2Cases cited2 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Lansing v. LansingNew York Supreme Court · 1811
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