Hickerson v. Benson
Supreme Court of Missouri
1. Verdict was found without sufficient evidence, and court erred in refusing to grant new trial.— See evidence in bill of exceptions. 2. Court improperly refused second instruction asked by plaintiff, that betting upon Presidential election is against our statute of gaming.— Rev. Code,. 1835, p. 290, sec. 1, 3; 4 Mo. Rep., 536, Shropshire vs. Glascock &• Garner; 4 Mo.
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1. Verdict was found without sufficient evidence, and court erred in refusing to grant new trial.— See evidence in bill of exceptions. 2. Court improperly refused second instruction asked by plaintiff, that betting upon Presidential election is against our statute of gaming.— Rev. Code,. 1835, p. 290, sec. 1, 3; 4 Mo. Rep., 536, Shropshire vs. Glascock &• Garner; 4 Mo. Rep., 599, Bpynton vs. Curie, and authorities cited. 3. Court improperly refused', and erred in, refusing fourth instruction asked by plaintiff, that a bet on the Presidential election is void. — Bush vs. Keeler, 5 W end., 250;…
1Opinion of the CourtNapton, J.
This was an action of trover, brought by Hickerson, to recover the value of a horse alleged to have been converted by the defendants to their use.
The plea was, Not guilty. The parties went to trial, and the verdict and judgment were for the defendants.
It appears, from the bill of exceptions taken at the trial, that on the 16th of November, 1840, a bet was made between the plaintiff and defendants, on the presidential election, the terms of which were as follows : The plaintiff bet a certain horse against five hundred dollars, and delivered the horse to the defendants on the following…
2Cases cited2 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Bunn v. RikerNew York Supreme Court · 1809
3Cited by10 opinions
- Dooley v. JacksonMissouri Court of Appeals · 1904
- Third Nat. Bank v. HarrisonU.S. Circuit Court for the District of Eastern Missouri · 1882
- Connor v. BlackSupreme Court of Missouri · 1896
- Thrift v. RedmanSupreme Court of Iowa · 1862
- Waterman v. BucklandMissouri Court of Appeals · 1876
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