New York Supreme Court, 1827

Allen v. Ehle

Allen v. Ehle
New York Supreme Court · Decided October 15, 1827
7 Cow. 496

Counsel

J. A. Collier, for the plaintiff,, H. Stephens and S. Sherwood, contra.

Allen v. Ehle

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Curia.

The statute was passed to remove the common law objection. The 5th section declares the wager to be void; and gives a remedy against the party, to recover it back. The action lying against the party, a fortiori does it lie against the agent, on a demand before the money is paid over. We see no reason for re-considering Simmons v. Borland, (10 John. 468,) which is precisely in point; and has been acted upon in another case lately before us.

Judgment for the plaintiff.

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