Legal Opinion

Preston v. Hutchinson

Supreme Court of Vermont

Decided December 15, 1856PublishedCited by 5 opinions

Assumpsit. The declaration contained only the common money counts to which the defendant plead the general issue. Trial by jury, November Term, 1856,— Peck, J., presiding.

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Assumpsit. The declaration contained only the common money counts to which the defendant plead the general issue. Trial by jury, November Term, 1856,— Peck, J., presiding. The plaintiff’s testimony tended to show that in December, 1855, the plaintiff and defendant, together with one Eager and one Ferris, played with cards and for money a game of hazard called “ brag and that the plaintiff, at different times during said game, lost various sums of money, amounting in all to about two hundred and seventy-two dollars; that the defendant, from time to time upon that occasion, won and received of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

This is an action to recover money lost in gaming. The jury have found that the defendant and two others played 'with the plaintiff under a secret agreement to divide the money won of him between them.

One important question in the case is, whether this defendant is liable for the money won by the confederates. We think he is. The statute, by enabling the party losing to recover back the thing lost, virtually makes the act of winning and taking the money or other thing, a wrong, a tort, so to speak, for which an action lies; and we think…

2Cited by5 opinions

  1. Schmitt v. GibsonCalifornia Court of Appeal · 1910
  2. Engstrand v. KleffmanSupreme Court of Minnesota · 1902
  3. In re E. J. Arnold & Co.District Court, E.D. Missouri · 1904
  4. Motlow v. JohnsonSupreme Court of Alabama · 1905
  5. Berns v. ShawWest Virginia Supreme Court · 1909

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