Eggers v. Klussmann
New York Supreme Court
Demurrer to complaint. John Eggers sued Rudolph B. Klussmann to recover money deposited with defendant upon a wager. The complaint alleged “ That on or about October 26, 1884, plaintiff made a wager with one J. E. D. Bosche, and in pursuance of said wager he deposited with defendant as stakeholder upon said wager or bet the sum of one thousand dollars, and that thereafter, and on or about November 18, 1884, and before the commencement of the action, he demanded the return of…
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Demurrer to complaint. John Eggers sued Rudolph B. Klussmann to recover money deposited with defendant upon a wager. The complaint alleged “ That on or about October 26, 1884, plaintiff made a wager with one J. E. D. Bosche, and in pursuance of said wager he deposited with defendant as stakeholder upon said wager or bet the sum of one thousand dollars, and that thereafter, and on or about November 18, 1884, and before the commencement of the action, he demanded the return of said deposit from defendant, which was refused.” The statutes of this State provide : “ All wagers, bets or stakes made…
1Opinion of the CourtLewis, J.
It does not appear by the complaint what the wager was, where it was made, where the money was deposited with defendant, or whether the •demand was made before the money was paid over by the stakeholder to the winner.
All wagers are not illegal at common law (1 Whart. on Contr. § 449). If illegal, it is, because they are made *229so by statute. Wagers are made illegal by the statute of this State, and money deposited may be recovered of the stakeholder even after he has paid it to the winner. Aleatory contracts are not prohibited by the statutes of the State of Louisiana (Grayson v. Whatly, 15 La.…
2Cases cited7 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Holmes v. BroughtonNew York Supreme Court · 1833
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
- Cole v. SmithNew York Supreme Court · 1809
- Grayson v. WhatleySupreme Court of Louisiana · 1860
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