Foley v. Whelan

Peterson, Justice.

Plaintiff appeals from an order sustaining a demurrer to his complaint, which alleges that during the period from March 1, 1938, to August 15, 1943, he lost to defendants by playing coin-operated slot machines kept by them the sum of $20,000, the property of Wilson & Company Employees Credit Union, which would be the beneficiary of any recovery. The action was brought under the provision of § 614.09 (§ 10217), which, so far as here material, provides that the loser may recover from the winner any money lost “by playing at cards, dice, or other game.” See, Nagle v. Randall,…