McQuesten v. Steinmetz
Supreme Court of New Hampshire
Assumpsit, for two months’ rent. Facts agreed, and case transferred from the May term, 1904, of the superior court by Pike, J. In December, 1903, the plaintiff leased to the defendant certain premises in Nashua at a monthly rental of $33.33, with the knowledge and understanding that the latter was to use the same for the purpose of exhibiting to the public, and without charge to them, the various prices offered at race tracks in the state of New York ; that he was to receive…
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Assumpsit, for two months’ rent. Facts agreed, and case transferred from the May term, 1904, of the superior court by Pike, J. In December, 1903, the plaintiff leased to the defendant certain premises in Nashua at a monthly rental of $33.33, with the knowledge and understanding that the latter was to use the same for the purpose of exhibiting to the public, and without charge to them, the various prices offered at race tracks in the state of New York ; that he was to receive money from persons at Nashua, and transmit the same by telegraph to various persons in the state of New York, who were…
1Opinion of the CourtBingham, J.
It is conceded that this action cannot be maintained if the defendant, with the plaintiff’s knowledge and consent, carried on a gambling business upon the leased premises; and that ■ a bet or wager on a horse race is a gambling contract within the meaning of our statute. P. S., c. 270, ss. 6,16,18. The plaintiff, however, contends that the business there carried on was not of this nature; that the wagers or bets in question were not made at Nashua, but in the state of New York; and that what was done at Nashua was lawful.
A bet, like an ordinary contract, involves a concurrence of wills; there…
2Cases cited3 opinions
- Lescallett v. CommonwealthSupreme Court of Virginia · 1893
- State v. StriplingSupreme Court of Alabama · 1896
- State v. HarbourneSupreme Court of Connecticut · 1898
3Cited by2 opinions
- United States v. Jay CohenCourt of Appeals for the Second Circuit · 2001
- Biscayne Kennel Club, Inc. v. TayLorDistrict Court, S.D. Florida · 1927