Scientific Machine Corp. v. Simmons

In this replevin action brought against the Property Clerk the plaintiff seeks the return of certain machines seized by the Police Department and turned over to the Property Clerk who still holds them and refuses to return them. The substantial question in the case is whether they are gambling devices. That question was presented in the Magistrate’s Court when the man in charge of the machines was arrested and charged with violating the appropriate section of the Penal Law (§ 982). The result of that criminal proceeding would not be referred to here, because it is neither binding nor a…