McDougall v. Walling
New York Supreme Court
IN February, 1865, McDougall the plaintiff made a bet with the defendant Walling, that Jefferson Davis’ government would have their commissioners in Washington within a fortnight to negotiate a peace.
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IN February, 1865, McDougall the plaintiff made a bet with the defendant Walling, that Jefferson Davis’ government would have their commissioners in Washington within a fortnight to negotiate a peace. If the southern commissioners should not be in Washington in a fortnight, McDougall the plaintiff should lose the stake of $100, and if such commissioners should be in Washington within that time, the defendant Walling should lose his $100. Bach party to this suit deposited $100 in the hands of one Pentland, to await the contingency. After two weeks expired, it was conceded that Jefferson Davis’…
1Opinion of the Court
By the Court, Leonard, P. J.
The opinion of Judge Clerks in this case, when before him at special term, is entirely satisfactory.
The winner of money by betting or gaming has so much belonging to the loser. The winner cannot defend himself against the claim of the loser by virtue of the gaming or betting contract under which he acquired the money, because the statute says the contract is void. The winner has so much of the money of the loser to which he has no title. The winner is in the condition of one who has found a sum of money belonging to another. There is an implied contract to pay it…
2Cases cited1 opinion
- Meech v. . StonerNew York Court of Appeals · 1859
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- Willard v. Doran & Wright Co.New York Supreme Court · 1888