Jones v. Cavanaugh
Massachusetts Supreme Judicial Court
Contract to recover money paid to a pool-seller for the purchase of pools on a foot-race. Writ dated January 26, 1887. Trial in the Superior Court, before Hammond, J., who allowed «, bill of exceptions, in substance as follows.
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Contract to recover money paid to a pool-seller for the purchase of pools on a foot-race. Writ dated January 26, 1887. Trial in the Superior Court, before Hammond, J., who allowed «, bill of exceptions, in substance as follows. The plaintiff offered evidence, which was contradicted, tending to show that the defendant, on November 22, 1886, was a pool-seller at North Attleborough, at the race-course, where a foot-race was to take place between one Little and one Donlon; that the pools were sold at auction by the defendant, and that the plaintiff purchased of him ten pools for seven hundred and…
1Opinion of the CourtKnowlton, J.
The court rightly instructed the jury, “ that betting upon a foot-race between two persons was gaming, within the meaning of the Pub. Sts. c. 99, § 1; that in order for the plaintiff to recover under that section he must show that he bet his money upon the race, that he lost his bet, and that the defendant, acting by himself or his agents, was the winner..” Grase v. M'Elroy, 1 Allen, 563. Scollans v. Flynn, 120 Mass. 271, 273. McGrath v. Kennedy, 15 R. I. 209.
The only remaining question in the case is whether the ruling “that, in order to recover outside of the statute, the plaintiff must…
2Cases cited7 opinions
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Cardoze v. SwiftMassachusetts Supreme Judicial Court · 1873
- Fisher v. HildrethMassachusetts Supreme Judicial Court · 1875
- Scollans v. FlynnMassachusetts Supreme Judicial Court · 1876
- Morgan v. BeaumontMassachusetts Supreme Judicial Court · 1876
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3Cited by3 opinions
- Gifford v. EastmanMassachusetts Supreme Judicial Court · 1925
- Donovan v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1949
- Kemp v. Hammond HotelsMassachusetts Supreme Judicial Court · 1917