Carrier v. Brannan
California Supreme Court
Appeal from the Superior Court of San Francisco. This was an action brought to recover $17,000 and interest. The complaint contained a count for money lent and advanced by said plaintiff and one William Thompson and Gustave Martell to said defendant, another for money lost by said defendant, and won by said plaintiff, Thompson, and Martell, at a game called faro, and which defendant, then and there promised to pay, and which said sums of money so owing have by the said…
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Appeal from the Superior Court of San Francisco. This was an action brought to recover $17,000 and interest. The complaint contained a count for money lent and advanced by said plaintiff and one William Thompson and Gustave Martell to said defendant, another for money lost by said defendant, and won by said plaintiff, Thompson, and Martell, at a game called faro, and which defendant, then and there promised to pay, and which said sums of money so owing have by the said Thompson and Martell, been transferred to the plaintiff. The defendant demurred to the complaint. The second count was the…
1Opinion of the CourtMurray, Chief Justice
Heydenfeldt, Justice, concurred.
The plaintiff brought suit for the recovery of money lost at play in a common gaming-house. <
This court decided, in the case of Bryant v. Mead, 1 California Reports, that no action would lie at common law to recover debts of this character. This has ever since been regarded as the settled law of the State upon this subject, and we feel no disposition to disturb or question the propriety of that decision. It needs no authority or arguments to satisfy this court that the practice of gaming is vicious and immoral in its nature, and ruinous to the harmony and…
2Cited by13 opinions
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