Hurd v. . Taylor
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence does “conclusively establish” that the agreement under which the plaintiff seeks to. recover was a wager contract and void, and that a nonsuit should have been granted. (Embrey v. Jemison; 131 U. S. 336.) The transactions detailed by plaintiff were…
1Opinion of the Court
Cullen, Ch. J.
The complaint alleged in general terms that the defendant was indebted to the plaintiff for moneys laid out and expended on the defendant’s, behalf in six several sums of money which constituted as many several causes of action. The defendant answered, interposing a general denial and alleging that the sums claimed to have been expended by the plaintiff for the defendant were paid under a gambling contract between the parties dependent on the fluctuations in the market values of certain stocks. The only testimony given on the trial was that of the plaintiff himself. At the close…
2Cases cited3 opinions
- Embrey v. JemisonSupreme Court of the United States · 1889
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Peck v. Doran Wright Co.New York Supreme Court · 1890
3Cited by13 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1910
- Cody v. . HoveySupreme Court of North Carolina · 1941
- Steele v. LeopoldAppellate Division of the Supreme Court of the State of New York · 1909
- Bomeisler v. M. Jacobson & Sons TrustCourt of Appeals for the First Circuit · 1941
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