Scott v. Duffy
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit by Duffy, against Scott, to recover $800, alleged to have been lent to Scott in 1844. It appeared from the evidence, that the money was lent at Camden, New Jersey, and that Scott, at the time, said he wanted it to bet on the presidential election; it was to fill a bet.
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Error to the District Court, Philadelphia. This was an action of assumpsit by Duffy, against Scott, to recover $800, alleged to have been lent to Scott in 1844. It appeared from the evidence, that the money was lent at Camden, New Jersey, and that Scott, at the time, said he wanted it to bet on the presidential election; it was to fill a bet. A witness said, “ I can’t say whether the bet was then made, but it was to stake for a bet on the presidential election. . . Scott gave no check or due bill; he said he would give a check, but Duffy said he need not give it then; they would settle it…
1Opinion of the Court
Coulter, J.,
delivered tbe opinion of tbe court,
The plaintiff below loaned ¿he money for which suit is brought, to the defendant, at Camden, in New Jersey, where persons were assembled to witness races.
Of that, there is no dispute. The defence is, that the plaintiff loaned the money with a knowledge that it was to be bet on the presidential election; and that, therefore, it is not recoverable. The law of the place where the contract was made, must furnish the rule for its interpretation, when it concerns personal property situated in the sovereignty where the parties are at the time, and where…
2Cases cited3 opinions
- Edgell v. M'LaughlinSupreme Court of Pennsylvania · 1841
- Tex. & Pac. R'y Co. v. CappsCourt of Appeals of Texas · 1883
- Swan v. ScottSupreme Court of Pennsylvania · 1824
3Cited by10 opinions
- Collins v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1905
- Sauer v. School DistrictSupreme Court of Pennsylvania · 1914
- Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
- Rounick, D. v. Neducsin, D.Superior Court of Pennsylvania · 2020
- McCrery, Et Ux. v. NivinCourt of Chancery of Delaware · 1907
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