McKeon v. Caherty
New York Supreme Court
Error from the New-York common pleas. The action in the common pleas was assumpsit, brought by McKeon against Caherty to recover $200 deposited in the hands of the latter as the stake holder of a bet on'a trotting match of made up by McKeon and one Lane.
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Error from the New-York common pleas. The action in the common pleas was assumpsit, brought by McKeon against Caherty to recover $200 deposited in the hands of the latter as the stake holder of a bet on'a trotting match of made up by McKeon and one Lane. The trotting took place ; McKeon was the loser; and being dissatisfied dre manner in which the trial of speed had been conducted, he gave notice to Caherty, the stake holder, not to Pa7 0Ter the money to the winner, before he did pay it over, On the trial of the cause, it appeared that other persons besides McKeon had contributed in making up…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In Yates v. Foot, (12 Johns, R. 1,) it was decided that when money is deposited by an agent in the hands of a stake holder upon a bet, the action was properly brought by the principal against the stake holder ; and it was also decided in that case that no action lies to recover from the stake holder money deposited upon an illegal wager. This was a decision of the common law question and has no relation to the cases of gaming and horse racing arising under the statutes on those subjects. The fifth section of the act to prevent horse racing makes every contract…
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