St. Louis Fair Ass'n v. Carmody
Supreme Court of Missouri
Appeal from Si. Louis Gity Circuit Court. — Lion. Selden P. Spencer, Judge. (1) A common gaming house is one which is open to persons generally for purposes of gambling. Rice v. State, 10 Tex. 545; Lockhart v. State, 10 Tex. 275; State v. Mosby, 53 Mo. App. 571; People v. Weithoff, 51 Mich. 213. (2) On the facts pleaded in the amended answer, the grand stand and appurtenances are a common gaming house, for betting upon horse races is gambling.
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Appeal from Si. Louis Gity Circuit Court. — Lion. Selden P. Spencer, Judge. (1) A common gaming house is one which is open to persons generally for purposes of gambling. Rice v. State, 10 Tex. 545; Lockhart v. State, 10 Tex. 275; State v. Mosby, 53 Mo. App. 571; People v. Weithoff, 51 Mich. 213. (2) On the facts pleaded in the amended answer, the grand stand and appurtenances are a common gaming house, for betting upon horse races is gambling. Swigert v. People, 154 111. 284; Bodinger v. Com., 35 S. W. Rep. 552; Sharp v. Com., 35 S. W. Rep. 553; Shropshire v. Glasscock, 4 Mo. 536; State v.…
1Opinion of the CourtValliant, J.
This is a suit on a bond. The petition alleges that on May 1, 1896, plaintiff sold to defendant Carmody the privilege of selling refreshments in its grand stand for a period of forty-nine days, beginning May 6, 1896, for the sum of $16,709, to be paid in stated instalments during that period; that the bond in suit was given to secure those payments; that Carmody paid $10,264.43, leaving a balance of $6,444.57 unpaid, for which this suit is brought.
Defendants answered admitting the execution of the bond, and pleaded certain facts by way of avoidance, whereupon the plaintiff moved the court for…
2Cases cited10 opinions
- People v. WeithoffMichigan Supreme Court · 1883
- Sprague v. RooneySupreme Court of Missouri · 1891
- Downing v. RingerSupreme Court of Missouri · 1842
- Michael v. BaconSupreme Court of Missouri · 1872
- Shropshire v. GlascockSupreme Court of Missouri · 1837
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3Cited by10 opinions
- Kusnetsky v. Security InsuranceSupreme Court of Missouri · 1926
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Ullman v. St. Louis Fair Ass'nSupreme Court of Missouri · 1902
- Mitchell v. BranhamMissouri Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.