Peck v. Briggs
New York Supreme Court
Error to Dutchess C. P. Briggs & Canfield sued Peck before a justice, and the cause went to the C. P. by appeal. The declaration contained the money counts, and a special count. The case was this: In September, 1840, the defendant and one Smith Tompkins were at the store of the plaintiffs, and made a bet of $10 of a side on the then pending presidential election.
Read the full summary
Error to Dutchess C. P. Briggs & Canfield sued Peck before a justice, and the cause went to the C. P. by appeal. The declaration contained the money counts, and a special count. The case was this: In September, 1840, the defendant and one Smith Tompkins were at the store of the plaintiffs, and made a bet of $10 of a side on the then pending presidential election. The defendant and Tompkins each borrowed $10 of the plaintiffs for the purpose of staking it on the election ; and the money was then placed in the hands of the plaintiff Briggs as the stakeholder. Tompkins lost the wager, and the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The statute of 9 Ann c. 14, which has been re-enacted in this state, (1 R. L. 152 ; 1 R. S. 663, 516;) made void all securities given for money won at play, or for the repayment of money knowingly lent or advanced for gaming or betting; but it did not annul the contract: and it was therefore held that money lent to game with, or to pay a gaming debt, might be recovered from the borrower. (Barjeau v. Walmsley, 2 Stra. 1249; Robinson v. Bland, 2 Burr. 1077; 1 W. Black. R. 234, 260, S. C.; Alcinbrook v. Hall, 2 Wils. 309 ; Wettenhall v. Wood, 1 Esp. 18.) But the…
2Cases cited1 opinion
- Mott v. SmallNew York Supreme Court · 1838
3Cited by13 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Morgan v. GroffNew York Supreme Court · 1848
- Tyler v. CarlisleSupreme Judicial Court of Maine · 1887
- Morgan v. GroffNew York Supreme Court · 1848
- Rust v. GottNew York Supreme Court · 1828
8 more not listed; retrieve them via the Exa API.