Legal Opinion

Collins v. Merrell

Court of Appeals of Kentucky

Decided July 4, 1859PublishedCited by 20 opinions

CASE 34 — APPEAL FROM GRANT CIRCUIT COURT. cited 10 B. Mon., 143. cited 3 Littcll, 290; 15 B. Mon., 140; 6 Dana, 91-2; 3 Bibb, 500; Rev. Statutes, sec. 1, chap. 42, page 367.

1Opinion of the CourtChief Justice Simpson

The fact that part of the four hundred dollars, for which the note sued on was executed, was for money lent for the purpose of gaming, is fully established by the testimony, and, indeed, does not seem to be controverted. The extent to which the validity of the note is thereby affected, is the question presented for our consideration.

By the first section of the chapter on Gaming, (Revised Statutes, page 367,) it is enacted, that “ every contract, conveyance, transfer, or assurance for the consideration, in whole or in part, ot money, property, or other thing won, lost, or bet at any game, *164sport…

2Cases cited2 opinions

  1. Brown's adm'rs v. Langford's adm'rsCourt of Appeals of Kentucky · 1814
  2. Gardner v. MaxeyCourt of Appeals of Kentucky · 1848

3Cited by20 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
  2. Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
  3. Stratton v. WilsonCourt of Appeals of Kentucky · 1916
  4. Maynard v. Fireman's Fund InsuranceCalifornia Supreme Court · 1867
  5. Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852

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