Morgan v. Groff
New York Supreme Court
This was an action of assumpsit, for money had and received, and on the money counts generally. The cause was tried at the Saratoga circuit, in August, 1848, before Justice Willard. On the trial the plaintiff proved, by Jerémiah Green, that Green sent to the defendant the plaintiff’s check on the Saratoga County Bank for $50, dated October 23,1844, about the time it bore date.
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This was an action of assumpsit, for money had and received, and on the money counts generally. The cause was tried at the Saratoga circuit, in August, 1848, before Justice Willard. On the trial the plaintiff proved, by Jerémiah Green, that Green sent to the defendant the plaintiff’s check on the Saratoga County Bank for $50, dated October 23,1844, about the time it bore date. The witness testified that the plaintiff gave him the check to be sent to the defendant, to form part of a bet, to be made by the defendant for the plaintiff and others with one R. Thompson, on the presidential…
1Opinion of the Court
By the Court, Paige, J.
Wager contracts upon indifferent matters were valid at common law. (3 Term Rep. 603. 5 Burr. 502. 1 Cowp. 37. 2 Id. 734. 4 John. 434. 16 East, 156.) But all wagers which tended to a breach of the peace, or to injure the feelings, character, or interests of a third person, or which were against the principles of morality, or of sound policy, were void at common law. (See the cases above cited, and 1 Term Rep. 50; 2 Bos. & Pul. 130; 7 John. 434; 4 Kents Com. 466.) All wager contracts in contravention of the positive provisions of any statute law are also void. Our present…
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