Weyburn v. White
New York Supreme Court
MOTION by the defendant for a new trial. The- action was brought by the plaintiff as assignee of Louis Barron, to recover the sum of $150, alleged to have been won by the defendant, from Barron, on a bet or wager upon a horse race at Saratoga Springs, in September, 1853. The money was deposited by Barron with a stakeholder, who paid the same to the defendant. The cause was tried at the Monroe circuit in October, 1855, by Mr. Justice Johnson.
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MOTION by the defendant for a new trial. The- action was brought by the plaintiff as assignee of Louis Barron, to recover the sum of $150, alleged to have been won by the defendant, from Barron, on a bet or wager upon a horse race at Saratoga Springs, in September, 1853. The money was deposited by Barron with a stakeholder, who paid the same to the defendant. The cause was tried at the Monroe circuit in October, 1855, by Mr. Justice Johnson. The defendant moved for a nonsuit on the ground that the demand was not assignable, so as to enable the assignee to maintain the action. The judge…
1Opinion of the Court
By the Court, T. B. Strong, J.
The revised statutes relating to betting and gaming, (vol. 1, p. 667, § 8,) declare all wagers, bets or stakes made to depend upon any race, unlawful; and all contracts for or on account of any money or property, or thing in action so wagered, bet or staked, void; and by section nine it is provided that “ any person who shall pay, deliver or deposit any money, property or thing in action, upon the event of any wager or bet herein prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or delivered,” &c. The right of…
2Cases cited1 opinion
- Fowler v. Van SurdamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Boughton v. SmithNew York Supreme Court · 1853
- Betts v. Hillman.New York Court of Common Pleas · 1862
- Mendoza v. RoseAppellate Terms of the Supreme Court of New York · 1904
- West v. WrightNew York Supreme Court · 1895
- John v. EytingeThe Superior Court of New York City · 1867