Hall v. Bergen
New York Supreme Court
THIS was an appeal by the plaintiff from a judgment entered upon the report of a referee. The complaint alleged that on the 24th day of May, 1851, the plaintiff and the defendants,- at Rochester, entered into an agreement in writing, whereby the defendants, in consideration of eight hundred dollars to them in hand paid by the plaintiff, did sell and convey to the plaintiff the one undivided half of a certain brown or bay mare, six years old, called Crabb, then at-the stables…
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THIS was an appeal by the plaintiff from a judgment entered upon the report of a referee. The complaint alleged that on the 24th day of May, 1851, the plaintiff and the defendants,- at Rochester, entered into an agreement in writing, whereby the defendants, in consideration of eight hundred dollars to them in hand paid by the plaintiff, did sell and convey to the plaintiff the one undivided half of a certain brown or bay mare, six years old, called Crabb, then at-the stables of Darius Tallman, in the town of Irondequit, in the county of Monroe ; that the defendants did, in and by said…
1Opinion of the Court
By the Court,
Johnson, J.
Though differently inclined upon the argument, a careful review and consideration of the provisions of the contract, and particularly that upon which the action is founded, have satisfied me entirely that the referee was right in his conclusions, and that it is in the nature of a stake or wager, and consequently void by statute. The plaintiff paid $800 for one half the animal, and, after the contract, owned her as tenant in common' with the defendants. It is then provided, as part of the contract of sale, that the mare shall, on or before the 15th of August next, trot…
2Cited by3 opinions
- Watson v. BlossomNew York Supreme Court · 1888
- Matson v. BlossomNew York Supreme Court · 1888
- Cowdrey v. CarpenterThe Superior Court of New York City · 1863