Lynch v. Todd
New York Supreme Court
Motion to set aside judgment for irregularity. The action was brought to recover money received by the defendant, contrary to the statute against betting and gaming. The complaint alleges that the defendant received of the plaintiff $50 contrary to the provisions of the statute, but does not specify whether it was received by the defendant as winner or as stakeholder. The complaint was verified.
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Motion to set aside judgment for irregularity. The action was brought to recover money received by the defendant, contrary to the statute against betting and gaming. The complaint alleges that the defendant received of the plaintiff $50 contrary to the provisions of the statute, but does not specify whether it was received by the defendant as winner or as stakeholder. The complaint was verified. The defendant served his answer, which was a mere denial of the complaint, without verifying it. The plaintiff’s attorney returned the answer as irregular, and entered his judgment as in default of an…
1Opinion of the Court
Johnson, Justice.
' The statute against betting and gaming, (1 R. S. 662,) makes every person who shall win or lose at play, or by betting at any time, the sum of twenty-five dollars or upwards, within the space of twenty-four hours, guilty of a misdemeanor, and subject, on conviction, to a fine of not less than five times the amount so lost or won. It also makes the winner of any sum or value, by playing at any game, subject to a forfeiture of five times the value of the money, or other thing, won at a single sitting, to be recovered by the overseers of the poor.
The act also gives to the…
2Cited by1 opinion
- Dehn v. MandevilleNew York Supreme Court · 1893