Lewis v. Miner
New York Supreme Court
Error to Madison C. P. Miner sued Lewis before a justice of the peace, and declared in trover for a cutter; and the case was this: In the fall of 1844, the parties each owned a cutter and bet the cutters one against the other on the result of the then approaching presidential election in Madison county. The bet was made at Morrisville, where the defendant’s cutter then was. The plaintiff’s cutter was at DeRuyter.
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Error to Madison C. P. Miner sued Lewis before a justice of the peace, and declared in trover for a cutter; and the case was this: In the fall of 1844, the parties each owned a cutter and bet the cutters one against the other on the result of the then approaching presidential election in Madison county. The bet was made at Morrisville, where the defendant’s cutter then was. The plaintiff’s cutter was at DeRuyter. The one which should lose was to deliver his cutter after the election. The defendant won the wager. It was further proved that the parties met at Morrisville after the election, and…
1Opinion of the Court
By the Court, Bronson, Ch. J.
With the exception of contracts of insurance, bottomry and respondentia, all wagers made to depend upon any lot, chance,.casualty, or unknown or contingent event, are unlawful: and all contracts for and on account of any money, property, or thing in action, which may be wagered, bet, or staked, are void. If the money or property has been paid, delivered or deposited, the owner may sue for, and recover it, whether the wager has been lost or not. (1 R. S. 662, § 8 to 10.) The statute extends to cases where the money or property is paid or delivered after the wager…
2Cited by4 opinions
- Ruckman v. . PitcherNew York Court of Appeals · 1848
- Storey v. . BrennanNew York Court of Appeals · 1857
- Rust v. GottNew York Supreme Court · 1828
- Storey v. BrennanNew York Court of Appeals · 1857