Bernard v. Taylor
Oregon Supreme Court
Multnomah County: Erasmus D. Shattuck, Judge. Action by J. L. Bernard against Joseph Taylor to recover money bet on a foot race, and deposited with defendant. From a judgment for plaintiff defendant appeals. A wagering contract upon an indifferent subject is valid by the common law, and in this country, except where prohibited by statute.
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Multnomah County: Erasmus D. Shattuck, Judge. Action by J. L. Bernard against Joseph Taylor to recover money bet on a foot race, and deposited with defendant. From a judgment for plaintiff defendant appeals. A wagering contract upon an indifferent subject is valid by the common law, and in this country, except where prohibited by statute. It is valid by the laws of Oregon, except in respect to those matters which come within the inhibition of the statute relating to gambling. This statute does not prohibit bets upon foot races: Hill’s Code, § 3526 et seq. The enumeration of the unlawful games…
1Opinion of the CourtLord, C. J.
This was an action to recover the sum of five hundred and sixty dollars deposited with the defendant as a wager on the result of a foot race. The case was tried without the intervention of a jury, and the material facts as found by the court are : That the plaintiff deposited with the defendant the sum of five hundred and sixty dollars in gold for the benefit of one George Grant, and as a wager upon a foot race which said Grant and one Anderson were to run the next day at a place agreed upon; that at the time the said money was so deposited, it was understood by Grant and the defendant Taylor…
2Cases cited2 opinions
- Utica Insurance v. KipCourt for the Trial of Impeachments and Correction of Errors · 1827
- Stacy v. FossSupreme Judicial Court of Maine · 1841
3Cited by15 opinions
- Hendrix v. McKeeOregon Supreme Court · 1978
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Mogul Transportation Co. v. LarisonOregon Supreme Court · 1947
- Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
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