Langworthy v. Broomley
New York Supreme Court
The complaint contained substantially the following averments : That the defendants, keepers of a gambling room in Syracuse, wrongfully won and obtained from the plaintiff one hundred and forty dollars on the 4th day of January, 1864, and other days during that month, by ¡haying with him at the game of faro, being a game of chance, at which game the plaintiff and defendants staked and bet various sums of money during that time; that the plaintiff staked and bet and lost,…
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The complaint contained substantially the following averments : That the defendants, keepers of a gambling room in Syracuse, wrongfully won and obtained from the plaintiff one hundred and forty dollars on the 4th day of January, 1864, and other days during that month, by ¡haying with him at the game of faro, being a game of chance, at which game the plaintiff and defendants staked and bet various sums of money during that time; that the plaintiff staked and bet and lost, sums amounting in the aggregate to the said sum of one hundred and forty dollars, which the defendants won, and unlawfully…
1Opinion of the CourtMorgan, J.
The demurrer is interposed upon the ground that there is no allegation in the complaint that a sum of twenty-five dollars or upwards, was lost Toy the plaintiff at any one time or sitting, or that any part of it was paid or delivered within three calendar months before the commencement of the action, as required by the provisions of' the Revised Statutes authorizing a suit to recover the money back (1 R. S. 662, § 14).
The plaintiff, on the contrary, insists that the suit is not brought under the 14th section of the statute, but under section 9, which provides that any person who shall pay…
2Cases cited1 opinion
- Meech v. . StonerNew York Court of Appeals · 1859
3Cited by5 opinions
- Donnelly v. BauderAppellate Division of the Supreme Court of the State of New York · 1926
- Wilkenfeld v. Attic ClubNew York Supreme Court · 1911
- Mrowiec v. Polish Army Veterans Ass'n of AmericaNew York Supreme Court · 1947
- Arrieta v. MorrisseyNew York Court of Common Pleas · 1866
- Eggers v. KlussmannNew York Supreme Court · 1885