Kenny v. Wachenfeld

Pee Cukiam.

The appellant brought an action in replevin to recover $147 in bills, sixteen cents in pennies, $6.05 in silver, money of the United States. When arrested by the Newark police, the money, the subject-matter of the suit, was in his pocket. $6.21, for which he had judgment, was receipts from his legitimate business. The balance, for which there was no recovery, he admitted at the time of his arrest, was bets on race horses which he had collected that day in the pursuit of the bookmaker’s business.

Although at the trial appellant denied that he had said the money was tainted with…