Ruckman v. . Pitcher
New York Court of Appeals
Appeal from the Supreme Court. The action, which was commenced in 1843, was debt on the statute “of,betting and gaming” for $3,000, had and received by the defendant, as stakeholder, for the plaintiff. The first trial in' 1844 resulted in a verdict for the defendant, upon which he had judgment in the Supreme Court, which was reversed in this court, and a new trial granted.
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Appeal from the Supreme Court. The action, which was commenced in 1843, was debt on the statute “of,betting and gaming” for $3,000, had and received by the defendant, as stakeholder, for the plaintiff. The first trial in' 1844 resulted in a verdict for the defendant, upon which he had judgment in the Supreme Court, which was reversed in this court, and a new trial granted. (8. O., 1 Comst., 392.) There was a second, trial, on which the plaintiff recovered a verdict for $3,000. The Supreme Court, at general term in the first district, granted a new trial, unless the plaintiff should elect to…
1Opinion of the CourtComstock, J.
When the case was before this court some eleven years ago (1 Comst, 392), it was held, that the plaintiff could recover the money in controversy, although the defendant by his direction had paid it over to the party who had won the wager; that no demand was necessary before bringing the suit; and that other persons contributing to the sum which the plaintiff staked on the race need not be joined with him in the action. These were then the main points in the litigation, and the determination made upon them will not now be reconsidered.
Upon the trial which is now under review, it appeared that…
2Cases cited1 opinion
- Meech v. . StonerNew York Court of Appeals · 1859
3Cited by12 opinions
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- LaFontaine v. Wilson Ex Rel. UgastCourt of Appeals of Maryland · 1946
- Watts v. MalatestaAppellate Division of the Supreme Court of the State of New York · 1932
- Boyce v. WightThe Superior Court of New York City · 1877
- Harnden v. MelbyWisconsin Supreme Court · 1895
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