Gerard v. Young

HENRIOD, Justice:

Action for termination of a cafe lease where allegedly gambling was being conducted, and where the court found this to be true, and a violation of a condition in the lease. Affirmed except as to damages, with costs to plaintiff.

This is a civil, not a criminal action. Gambling was the only issue in the case. Defendant denied the allegation, — not under oath. Thereafter in a deposition, under oath, he took the Fifth Amendment, admitting that the alleged gambling might incriminate him, which was inconsistent *31with the denial in his pleadings. This left the sworn affidavits…