Ruckman v. Bryan
New York Supreme Court
Motion to set aside the report of a sole referee. The action was assumpsit on the money counts. The principal demand, and the only one which the referee found to be supported by the evidence, was for the sum of six hundred dollars advanced by the plaintiff at the defendant’s request, which the plaintiff paid to a stakeholder as a bet upon the result of a horse face.
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Motion to set aside the report of a sole referee. The action was assumpsit on the money counts. The principal demand, and the only one which the referee found to be supported by the evidence, was for the sum of six hundred dollars advanced by the plaintiff at the defendant’s request, which the plaintiff paid to a stakeholder as a bet upon the result of a horse face. The evidence supported the conclusion that the plaintiff made a bet of ¡$3000 on a trotting match to be run between the horses Lady Suffolk and Americus, on the Centreville course in Queens county, in which bet the defendant was…
1Opinion of the Court
By the Court, Beardsley, J.
The defendant, as the evidence shows, was interested to the extent of six hundred dollars in the bet of three thousand made by the plaintiff, it having been previously agreed between them that the plaintiff should make the advance of the six hundred dollars for the purpose of this bet. Upon this arrangement the advance was made, the money being placed by the plaintiff in the hands of the stakeholder; and the question presented is, can the plaintiff recover for money so lent and advanced by him?
Perhaps the circumstance that the money was delivered by the lender to…
2Cases cited1 opinion
- Gibbons v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by14 opinions
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Ruckman v. . PitcherNew York Court of Appeals · 1848
- Mohr v. MiesenSupreme Court of Minnesota · 1891
- In re GreenDistrict Court, W.D. Wisconsin · 1877
- Kreiss v. SeligmanNew York Supreme Court · 1850
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