Betts v. Bache
The Superior Court of New York City
I. April, 1862.—Demurrer to the complaint. This action was brought by Frederick F. Betts, against John H. Bache, to recover $1813.47 alleged to have been lost by betting and gaming. The complaint alleged, that on or about the 1st day of October, 1861, the defendant received the sum of $1813.47, belonging to, or on account of the plaintiff, and which is now due him, contrary to the provisions of the statute against betting and gaming, and claimed judgment therefor.
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I. April, 1862.—Demurrer to the complaint. This action was brought by Frederick F. Betts, against John H. Bache, to recover $1813.47 alleged to have been lost by betting and gaming. The complaint alleged, that on or about the 1st day of October, 1861, the defendant received the sum of $1813.47, belonging to, or on account of the plaintiff, and which is now due him, contrary to the provisions of the statute against betting and gaming, and claimed judgment therefor. To this the defendant demurred, on the ground that it did not state facts sufficient to constitute a cause of action. II. June,…
1Opinion of the CourtRobertson, J.
This is an action to recover money lost by betting and gaming. The complaint alleges that about the 1st of October, 1861, the defendant received a certain sum of money belonging to or on account of the plaintiff, and which is *280now due him, “ contrary to the provisions of the statute against betting and gaming.” To this a demurrer is put in, assigning as grounds therefor that it does not state facts sufficient to constitute a cause of action.
The Revised Statutes provide (2 Rev. Stat., 352, § 2), that “if an action of assumpsit be brought for money received contrary to the provisions of any…
2Cases cited16 opinions
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- The Bank of Genesee v. . the Patchin BankNew York Court of Appeals · 1855
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
- Boyce v. BrownNew York Supreme Court · 1849
- Cady v. AllenNew York Supreme Court · 1856
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