Legal Opinion

Armstrong v. Parchman

Texas Supreme Court

Decided July 1, 1874Published

Appeal from Bee. Tried below before Hon. D. D. Claiborne.

1Opinion of the CourtMoore, J.

This was an action to recover from the stakeholder money and property placed in his hands as a wager upon a horse-race, upon the ground that the race upon which it had been wagered had not been fairly run, in accordance with the terms of said wager.

Contracts or agreements for wagers on horse-races, as has been frequently said by this court, are not illegal at common law, and as they are not prohibited by statute, they are, therefore, excluded from the general class of gaming contracts, and, when fair, and without taint of fraud or deceit in their fulfillment, they may be maintained and…

2Cases cited3 opinions

  1. McElroy v. CarmichaelTexas Supreme Court · 1851
  2. Kirkland v. RandonTexas Supreme Court · 1852
  3. Bailes v. WilliamsTexas Supreme Court · 1855

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