Elias v. Gill
Court of Appeals of Kentucky
Case 104 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. The appellants deny that the appellee ever lost to them, or that they ever won from him, any money on horse races or otherwise, or that appellee ever paid them any money whatever at any time or place. This put appellee upon proof of his alleged claim. The court did not err in adjudging the burden of proof to be on defendants.
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Case 104 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. The appellants deny that the appellee ever lost to them, or that they ever won from him, any money on horse races or otherwise, or that appellee ever paid them any money whatever at any time or place. This put appellee upon proof of his alleged claim. The court did not err in adjudging the burden of proof to be on defendants. The defendants withdrew their traverse of plaintiff’s losing, and even if it stood admitted that defendants had lost eighteen hundred dollars to plaintiff, still the defendants could not recover a cent of it…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
Appellee brought this action to recover of appellants eighteen hundred and sixty-three dollars, alleged to have *570been wagered on horse races with and lost and paid by him to them, as partners, in different amounts and at different dates between May 30, and July 27, 1889.
In the first paragraph of the answer there is a denial' that the sum sued for, or any part of it, was lost or paid by appellee to appellants or either of them at or on account of wagering on horse races or otherwise, at the dates specified, or any other time or times. In the second…
2Cases cited2 opinions
- Commonwealth v. SimondsCourt of Appeals of Kentucky · 1881
- Brown v. ThompsonCourt of Appeals of Kentucky · 1879
3Cited by6 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Watts v. MalatestaNew York Court of Appeals · 1933
- McCurry v. KeithCourt of Appeals of South Carolina · 1997
- Watts v. MalatestaAppellate Division of the Supreme Court of the State of New York · 1932
- Stapp v. MasonCourt of Appeals of Kentucky · 1903
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