Legal Opinion

Bernstein v. Horth

Appellate Terms of the Supreme Court of New York

Decided February 15, 1903PublishedCited by 3 opinions

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Isaac Bernstein against Charles E. Horth. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtGildersleeve, J.

The plaintiff brought this action as assignee of the claim of one Philip Stromberg. The facts of the case, as found by the justice upon sufficient proof, are as follows, viz.: *264Stromberg made a bet with one Morris Berman that Coler would be elected governor of this state, as the result of the election of 1902. The said Stromberg put up $100 on his bet that Coler would be elected, while said Berman put up $10 on his bet that Odell would be elected. The defendant was made stakeholder, and, as such, received the money so put up on said bet or wager. Odell was elected governor, so that Stromberg…

2Cases cited3 opinions

  1. Meech v. . StonerNew York Court of Appeals · 1859
  2. Riker v. CurtisAppellate Terms of the Supreme Court of New York · 1896
  3. Anthony v. WiseNew York Supreme Court · 1889

3Cited by3 opinions

  1. Maroney v. ColeCity of New York Municipal Court · 1907
  2. Miller v. LudersAppellate Terms of the Supreme Court of New York · 1903
  3. Cohen v. WolffAppellate Terms of the Supreme Court of New York · 1915

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