Morgan v. Groff
New York Supreme Court
Motion to set aside the report of a referee. The following facts were proved: Shortly before the general election in 1844, the defendant was desirous of having a bet made with one Thompson upon t'he result of that election, and caused the plaintiff to be informed of such his wish.
Read the full summary
Motion to set aside the report of a referee. The following facts were proved: Shortly before the general election in 1844, the defendant was desirous of having a bet made with one Thompson upon t'he result of that election, and caused the plaintiff to be informed of such his wish. The plaintiff accordingly sent the defendant his check on a bank for $50, which he authorized the defendant to bet in his behalf with Thompson, one half on the success of a candidate for president and the other half on a candidate for governor. The defendant drew the money oil the check, but the election passed, and…
1Opinion of the Court
By the Court, Whittlesey, J.
This money was sent to the defendant for the purpose of being bet with one Thompson on the election. The defendant did not use it for the purpose for which it was sent; and common honesty and common morality require that he should return it to the plaintiff. The money was, however, sent to be employed for an illegal purpose. The act (1 R. S. 662, § 8,) makes all wagers unlawful, and avoids the contract for the money staked. Hence money loaned for the purpose of betting or adventuring upon an illegal wager cannot be recovered back. (McKinnel v. Robinson, 3 Mees. &…
2Cases cited2 opinions
- Perkins v. SavageNew York Supreme Court · 1836
- Peck v. BriggsNew York Supreme Court · 1846
3Cited by6 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Kreiss v. SeligmanNew York Supreme Court · 1850
- Lee v. BoydSupreme Court of Alabama · 1888
- Commonwealth v. WaxmanDauphin County Court of Quarter Sessions · 1924
- Staples v. GouldThe Superior Court of New York City · 1852
1 more not listed; retrieve them via the Exa API.