Dyer v. Benson
Supreme Court of Georgia
Contracts. Gaming. Actions. Before P. H. BREWSTER, Esq., Judgzfiro hac.vice. Carroll County. At Chambers, May 15, 1882. Benson brought trover against Dyer for a horse. On the trial, the evidence showed, in brief, the following facts: Benson and Dyer agreed to run a horse race. The winner was to take both horses. Dyer won, and took Benson’s horse. Benson sued for his horse within six months.
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Contracts. Gaming. Actions. Before P. H. BREWSTER, Esq., Judgzfiro hac.vice. Carroll County. At Chambers, May 15, 1882. Benson brought trover against Dyer for a horse. On the trial, the evidence showed, in brief, the following facts: Benson and Dyer agreed to run a horse race. The winner was to take both horses. Dyer won, and took Benson’s horse. Benson sued for his horse within six months. There was some conflicting evidence as to the details of the race, the value of the horse, etc., not material here. The court charged, in effect, that such a contract was illegal; that a delivery…
1Opinion of the Court
Jackson, Chief Justice.
The sole question made in this record is, can one recover a hprse from another, won in a horse race?
Our statute is very, broad. “ Gaming contracts are void, and all evidences of debts or encumbrances or liens on property executed upon a gaming, consideration, are void in the hands of any person. Money paid, or property delivered up upon such consideration, may be recovered *610back from the winner by the loser, if he shall sue for the same in six months after the loss; and after the expiration of that time, it may be sued for by any person at any time within four years, for…
2Cases cited1 opinion
- Alford v. BurkeSupreme Court of Georgia · 1857
3Cited by7 opinions
- Quillian v. JohnsonSupreme Court of Georgia · 1905
- Thrower v. StateSupreme Court of Georgia · 1903
- Gullatt v. State ex rel. CollinsSupreme Court of Georgia · 1929
- Lasseter v. O'NeillSupreme Court of Georgia · 1926
- Hardin v. NBC Universal, Inc.Supreme Court of Georgia · 2008
2 more not listed; retrieve them via the Exa API.