Fowler v. Van Surdam
Court for the Trial of Impeachments and Correction of Errors
Error to the Rensselaer common pleas. The cause originated in a justice’s court, where Van Surdam, in March, 1844, sued Fowler for money held by the latter as a stakeholder, which the plaintiff, who had staked it, sought to recover back.
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Error to the Rensselaer common pleas. The cause originated in a justice’s court, where Van Surdam, in March, 1844, sued Fowler for money held by the latter as a stakeholder, which the plaintiff, who had staked it, sought to recover back. The declaration contained the common counts in indebitatus assumpsit, and a count averring that the defendant was indebted to the plaintiff “ in the sum of ten dollars received of the plaintiff on or about the 10th day of October, 1840, contrary to" the provisions of article 3, chap. 20, title 8, of the first part of the Revised Statutes.” The defendant…
1Opinion of the Court
By the Court, Jewett, J.
Although each party after the. election, claimed.that he had won the bet, neither of them at any time demanded or required the defendant to refund to him the money deposited". The eighth section of the statute “ Of betting and gaming,” (1 R. S. 662,) declares that “ all wagers, bets or stakes made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty, or unknown or contingent event whatever, shall be unlawful. All contracts for or on account of any money or property, or thing in action so wagered, bet or staked, shall be void.”…
2Cases cited1 opinion
- Brush v. KeelerNew York Supreme Court · 1830
3Cited by10 opinions
- Giles v. . HalbertNew York Court of Appeals · 1854
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Weyburn v. WhiteNew York Supreme Court · 1856
- Like v. ThompsonNew York Supreme Court · 1850
- Alexander v. MountIndiana Supreme Court · 1858
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