Fruchtman v. Klein

This action was brought to recover the sum of $815 claimed by plaintiff to have been loaned to defendant, under the following circumstances: Plaintiff and defendant together with others had been engaging in a gambling game at a private house. Plaintiff testified that he stopped playing at a certain stage of the game and went into another room. Shortly thereafter defendant, who had already borrowed $300 during the game, came to him and said: “ Let me have $200 more, and if I lose that I am going to quit. ’ ’ As plaintiff did not have $200 but only two bills of the denomination of $500 each, he…