Allen v. Ehle

New York Supreme Court

Allen v. Ehle

7 Cow. 496

CourtNew York Supreme Court

DecidedOctober 15, 1827

StatusPublished

Cited by1 cases

This text of 7 Cow. 496 (Allen v. Ehle) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Ehle, 7 Cow. 496 (N.Y. Super. Ct. 1827).

Pincite

Opinion

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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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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Bluebook (online)

7 Cow. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-ehle-nysupct-1827.

Opinion

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