McDevitt v. Thomas
Court of Appeals of Kentucky
CASE 97. — ACTION BY B. M. McDEVITT AGAINST R. L. THOMAS FOR MONEY LOANED. — Appeal from Kenton Circuit Court. M. L. Harbeson, Circuit Judge. Judgment for defendant. Plaintiff appeals. — 1. It is respectfully submitted that under the Kentucky decisions, betting on horse races is not “gaming,” and, so far as the transaction in this case is concerned, that part of section 1955, Ky.
Read the full summary
CASE 97. — ACTION BY B. M. McDEVITT AGAINST R. L. THOMAS FOR MONEY LOANED. — Appeal from Kenton Circuit Court. M. L. Harbeson, Circuit Judge. Judgment for defendant. Plaintiff appeals. — 1. It is respectfully submitted that under the Kentucky decisions, betting on horse races is not “gaming,” and, so far as the transaction in this case is concerned, that part of section 1955, Ky. Statutes, which might be invoked in aid of appellee’s defense to the indebtedness sued on, applies only to “gaming,” the wagering features having been repealed by the General Assembly. 2. Sutherland on. statutory…
1Opinion of the Court
Opinion of the Court by
Judge Lassing —
Affirming.
B. M. McDevitt sued R. L. Thomas for $5,840.50, balance due to him for money loaned. The defendant answered in two paragraphs. The first is a traverse. In the second, he pleads: That the plaintiff - was the operator of a poolroom in Jefferson county, Ky., for the purpose of receiving bets and wagers on the results of horse races; that, during the time covered by plaintiff’s account, horse races were being conducted at the Port Erie race track, near the city of Buffalo, N. Y.; that he and the plaintiff entered into an agreement by which the…
2Cited by7 opinions
- Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Kentucky Off-Track Betting, Inc. v. McBurneyKentucky Supreme Court · 1999
- Dowell v. PumphreyCourt of Appeals of Kentucky · 1922
- Commonwealth v. CollierCourt of Appeals of Kentucky · 1918
2 more not listed; retrieve them via the Exa API.