Brush v. Keeler
New York Supreme Court
Demurrer to declaration. The plaintiff declared on a bet, made on the 15th November, 1828, by which the defendant undertook to pay the plaintiff one cent for every vote which JMarlin Van Burén had received for the office of governor of this state, at the election ending on the 5th day of that month, over 20,000 more than were given .for Smth Thompson, his competitor for that office.
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Demurrer to declaration. The plaintiff declared on a bet, made on the 15th November, 1828, by which the defendant undertook to pay the plaintiff one cent for every vote which JMarlin Van Burén had received for the office of governor of this state, at the election ending on the 5th day of that month, over 20,000 more than were given .for Smth Thompson, his competitor for that office. The plaintiff averred that 30,350 votes were given for Martin Van Burén beyond the number given for Smith Thompson, by means whereof the defendant became liable to pay the plaintiff $103,50. To this declaration…
1Opinion of the Court
By the Court,
Marcy, J.
Although there are some shades of difference between this case and others that have been decided in this court involving the validity of election bets, yet it is to be determined, I apprehend, by the same principles governing those cases. It is true that most of the questions of the kind have arisen on bets made previous to the election, but such was not the case in all of them. Lansing v. Lansing, 8 Johns. R. 354, and Rush v. Gott, 9 Cowen, 169, were suits on bets made after the elections to which they related had actually taken place. These latter cases seem to proceed…
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