Tatman v. Strader
Illinois Supreme Court
This was an action of assumpsit, tried at March term, 1859, of the McDonough Circuit Court. The suit was commenced by plaintiff in error to recover from defendant $500, won by him from plaintiff on a horse race, run in said county in the spring of 1858, the same having been paid over to defendant by a stakeholder. The declaration contains the common money counts, including a count for money had and received.
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This was an action of assumpsit, tried at March term, 1859, of the McDonough Circuit Court. The suit was commenced by plaintiff in error to recover from defendant $500, won by him from plaintiff on a horse race, run in said county in the spring of 1858, the same having been paid over to defendant by a stakeholder. The declaration contains the common money counts, including a count for money had and received. Defendant filed three pleas. 1st. General issue, upon which issue was joined. 2nd. That plaintiff contributed $100, Webb $250, Phelps $100, and Zimmerman $50 ; making in all $500, which…
1Opinion of the CourtCaton, C. J.
The only question in this case is, whether horse racing is gaming within the provision of our statute. The words of the statute are, “ Won at any gaming, or playing at cards, dice, or any other game or games.” In our language, the word game has a very broad and comprehensive signification. It means sport of any kind, and means physical contests, whether of man or beast, when practiced for the purpose of deciding wagers or rewards, or for the purpose of diversion, as well as games of hazard or skill by means of instruments or devices. Such were the Olympic and Nemean games among the Greeks,…
2Cited by17 opinions
- People v. WeithoffMichigan Supreme Court · 1883
- McBride v. StateSupreme Court of Florida · 1897
- Swigart v. PeopleIllinois Supreme Court · 1895
- Corson v. NeathenySupreme Court of Colorado · 1886
- Foley v. WhelanSupreme Court of Minnesota · 1945
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