Love v. Harvey
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the plaintiff and the defendant made a bet as to the place of burial in Holyhood Cemetery of the body of one Dr. Cahill, the plaintiff betting that it was buried on the left hand side of the main avenue, and the defendant betting that it was buried on the right hand side of that avenue, and that the money was deposited, twenty dollars by each party, in the hands of one James Stack as stakeholder ; that on investigation it was determined…
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Contract. The declaration alleged that the plaintiff and the defendant made a bet as to the place of burial in Holyhood Cemetery of the body of one Dr. Cahill, the plaintiff betting that it was buried on the left hand side of the main avenue, and the defendant betting that it was buried on the right hand side of that avenue, and that the money was deposited, twenty dollars by each party, in the hands of one James Stack as stakeholder ; that on investigation it was determined that the body was buried on the left hand side of the avenue, yet the stakeholder delivered to the defendant the…
1Opinion of the CourtGray, C. J.
In England and in New York, actions on wagers upon questions in which the parties had no previous interest were frequently sustained, until the Legislature interposed and declared all wagers to be void. 1 Chit. Con. (11th Am. ed.) 735-738. 3 Kent Com. 277, 278. In Scotland, the courts refused to entertain such actions. Bruce v. Ross, 3 Paton, 107, 112; S. C. cited 3 T. R. 697, 705.
In Massachusetts, the English law on this subject has never been adopted, used or approved, and, although the question has not been directly adjudged, it has long been understood that all wagers are unlawful. Const.…
2Cases cited6 opinions
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Edgell v. M'LaughlinSupreme Court of Pennsylvania · 1841
- Wheeler v. SpencerSupreme Court of Connecticut · 1842
- Collamer v. DaySupreme Court of Vermont · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Pearce v. RiceSupreme Court of the United States · 1891
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
- United States v. WalterUnited States Court of Military Appeals · 1957
7 more not listed; retrieve them via the Exa API.