Storey v. Brennan
New York Court of Appeals
The plaintiff and one Courtney made a bet on a cock-fight. The defendant was the stakeholder. The defendant, within fifteen minutes after the match was fought, paid over the money to Courtney; and this action was brought to recover the sum deposited with him by the plaintiff. The cause was tried by jury, at the Albany circuit, and a verdict rendered for the defendant. Hr.
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The plaintiff and one Courtney made a bet on a cock-fight. The defendant was the stakeholder. The defendant, within fifteen minutes after the match was fought, paid over the money to Courtney; and this action was brought to recover the sum deposited with him by the plaintiff. The cause was tried by jury, at the Albany circuit, and a verdict rendered for the defendant. Hr. Justice Harris, at special term, made an order for a new trial, which, on appeal to the Supreme Court, at general term in the third district, was reversed, and the plaintiff appealed to this court. The only exception was to…
1Opinion of the CourtPaige, J.
This case cannot be distinguished from that of Rucharían v. Pitcher (1 Comst., 411), which was an action by the loser of a bet, on the event of a trotting match, against the stakeholder, after the money lost had been paid over by the stakeholder to the winner; and in which action the Court of Appeals decided that the loser was entitled to recover the sum deposited by him with the stakeholder. In that case, the loser, after the wager was lost, on being asked by the defendant (the stakeholder), whether he had any objection to the money being paid to the winner, replied that he was satisfied,…
2Cases cited4 opinions
- Small v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gale & Wisner v. WellsNew York Supreme Court · 1851
- Harris v. WilsonNew York Supreme Court · 1828
- Lewis v. MinerNew York Supreme Court · 1846