Rust v. Gott
New York Supreme Court
demurrer to the second plea of the defendant. The declaration was in trover for a promissory note drawn by one Luthier Marsh, by which he promised to pay the plaintiff 435 dollars, Plea, secondly, that before this suit was commenced, and shortly after the closing of the polls at the election of November, 1826, Marsh and the plaintiff, at Pompey, in Onon- ^ daga county, made a bet of $435 upon the event of the then ^ate election of governor of the state of New-York, they…
Read the full summary
demurrer to the second plea of the defendant. The declaration was in trover for a promissory note drawn by one Luthier Marsh, by which he promised to pay the plaintiff 435 dollars, Plea, secondly, that before this suit was commenced, and shortly after the closing of the polls at the election of November, 1826, Marsh and the plaintiff, at Pompey, in Onon- ^ daga county, made a bet of $435 upon the event of the then ^ate election of governor of the state of New-York, they being both legal voters for governor at the time of the election, and at the time of making the bet; that the plaintiff…
1Opinion of the Court
Curia, per Woodworth, J.
This was an action for tro*182ver to recover the amount of a promissory note drawn by Luther Marsh in favor of the plaintiff for $435, and alleged to have been converted by the defendant.
The plea avers, that after the closing of the polls at the election in 1826, and before the event was known, the plaintiff and Marsh made a bet upon the event of the election for governor, they being legal voters ; that the note was deposited by Marsh with the defendant, as stakeholder, upon condition that if De Witt Clinton had been elected governor at the election, the note was to be…
2Cases cited8 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Shumway v. FowlerNew York Supreme Court · 1809
- Peck v. BriggsNew York Supreme Court · 1846
- Lansing v. LansingNew York Supreme Court · 1811
- Lewis v. MinerNew York Supreme Court · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ball v. GilbertMassachusetts Supreme Judicial Court · 1847
- Schoenberg v. AdlerWisconsin Supreme Court · 1900
- Hill v. KiddCalifornia Supreme Court · 1872
- Woodworth v. JanesNew York Supreme Court · 1800