Cunningham v. Gans
New York Supreme Court
Appeal from circuit court, New York county. Action by Michael J. Cunningham against Adolf Gans. From an order granting a new trial on the merits, plaintiff appeals.
1Opinion of the CourtBarrett, J.
This is an appeal from an order granting a new trial upon the minutes of the judge at circuit. The action was upon a check, and the defendant set up that the check was given for money lost at a game of chance called “Roulette.” Upon the trial this defense was established by a disinterested witness named Stahl, who fully confirmed the defendant with regard to the transaction. There were some slight discrepancies between Stahl and the defendant in matters of detail, but none with regard to the material fact. The plaintiff failed to produce the payee of the check, one Vanderburgh, nor did he…
2Cases cited1 opinion
- Kelly v. . BurroughsNew York Court of Appeals · 1886
3Cited by10 opinions
- Wolf v. Do ex dem. DelageSupreme Court of Alabama · 1907
- Denton v. CarrollAppellate Division of the Supreme Court of the State of New York · 1896
- Littlefield v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1903
- Gruhn v. J. H. Taylor Construction Co.New York Supreme Court · 1943
- Trudden v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
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