Joseph v. Miller
New Mexico Supreme Court
Appeal. Tbe opinion states tbe case. 1. Horse-racing is prohibited by statute, and a note when tbe consideration is a wager on a horse-race is void: Comp.
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Appeal. Tbe opinion states tbe case. 1. Horse-racing is prohibited by statute, and a note when tbe consideration is a wager on a horse-race is void: Comp. Laws New Mexico, sec. 4, p. 246, whole act; Rev. Stat. Mo. 539, whole act; Shropshire v. Glascoclc et al., 4 Mo. 536; Boyanton v. Curie, Id. 599; Hayden v. Little, 35 Id. 422. These cases give a construction to tbe statutes of Missouri from which our statute is copied, ours being much stronger in terms than that of Missouri, having inserted the additional word “gambling;” also Lynall v. Longbothom, 2 Wils. 40; Goodburn v. Marley, 2 Str.…
1Opinion of the Court
By Court,
Bristol, J.:
Appellees brought an action in the court below to recover the amount alleged to be due on a promissory note in the original sum of two hundred dollars, made and delivered by the appellant in Taos county to one Prank M. Willburn, payable to his order and indorsed by him and delivered to appellees. Appellant pleaded the general issue, also special pleas to the effect that the note sued on was given solely in consideration of a wager in the sum of two hundred dollars, upon the result of a horse-race; that the note for that purpose was placed in the hands of Frederick Miller,…
2Cases cited5 opinions
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Shropshire v. GlascockSupreme Court of Missouri · 1837
- Wilkinson v. TousleySupreme Court of Minnesota · 1871
- Campbell v. RichardsonNew York Supreme Court · 1813
- Hutchinson v. PrattSupreme Court of Vermont · 1829
3Cited by1 opinion
- Kilpatrick v. StateNew Mexico Supreme Court · 1953