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Corbin v. O'KEEFE

KENNETH W. CORBIN, Appellant, v. JAMES L. O’KEEFE and CHARLES P. O’KEEFE, JOCKEY TURF CLUB, SIERRA TURF CLUB, Respondents

Corbin v. O'Keefe, 484 P.2d 565 (Nev. 1971)
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Court
Nevada Supreme Court · State Highest Courts
Decided
April 28, 1971
Docket
No. 6363
Judges
Per Curiam
Citations
484 P.2d 56587 Nev. 1891971 Nev. LEXIS 382

Opinion — Per Curiam

OPINION Per Curiam:

By this action Kenneth W. Corbin seeks to recover $20,000 on a winning bet of $100 at 200-to-l odds that the Boston Red Sox would win the American Baseball League pennant in 1967. Corbin placed the bet at the Jockey Turf Club in March 1967. When he attempted to collect on the bet in the fall of 1967 the club’s proprietors rebuffed his attempts on the basis that the bet had been taken by an employee who failed to record it and who kept the money, so the club never received the bet.

Corbin and his attorneys subsequently sought aid of the Nevada Gaming Control Board but were denied relief. Thereafter, Corbin commenced this civil action seeking to enforce the bet in the Second Judicial District Court. The court granted the respondents’ motion to dismiss on the basis that gambling debts are not collectible through the courts.

*190 1. It is clear from the complaint and record in this case that what is presented is a court action for recovery of a gambling debt. Corbin makes recurring references to the asserted arbitrariness of the Gaming Control Board in denying his claim, but he is not seeking review of the administrative procedures followed. Therefore, we need not address such questions as the asserted arbitrariness, exhaustion of administrative remedies and, indeed, the very reviewability of administrative procedures in this area.

2. We are thus presented with the same question presented in Weisbrod v. Fremont Hotel, 74 Nev. 227 , 326 P.2d 1104 (1958). Corbin concedes as much, but urges us to overturn Weisbrod .

We decline to do so. This court has refused to aid in the collection of gambling debts for nearly a century and we will not depart from those cases. See especially Scott v. Courtney, 7 Nev. 419 (1872); West Indies v. First Nat. Bank, 67 Nev. 13 , 214 P.2d 144 (1950); and Weisbrod .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1977: 11979: 11980: 41981: 11982: 11983: 21985: 11986: 11988: 11991: 119772026peak 1980 · 4

Relies on it most ⓘ

  1. Flamingo Resort, Inc. v. United States664 F.2d 1387 (9th Cir. 1982)
  2. Sea Air Support, Inc. v. Herrmann613 P.2d 413 (Nev. 1980)
  3. Sigel v. McEvoy707 P.2d 1145 (Nev. 1985)
  4. Williams v. Weber Mesa Ditch Extension Co.572 P.2d 412 (Wyo. 1977)
  5. Zaika v. Del E. Webb Corp.508 F. Supp. 1005 (D. Nev. 1981)
  6. Sandler v. Eighth Judicial District Court of the State of Nevada614 P.2d 10 (Nev. 1980)

Most recent

  1. Russell Erickson v. Desert Palace, Incorporated942 F.2d 694 (9th Cir. 1991)
  2. Recovery Consultants, Inc. v. Shih-Hsieh141 A.D.2d 272 (1988)
  3. National Recovery Systems v. Feltman511 A.2d 1307 (N.J. Super. Ct. App. Div. 1986)
  4. Sigel v. McEvoy707 P.2d 1145 (Nev. 1985)
  5. Hotel Riviera, Inc. v. First National Bank & Trust Co. of Oklahoma City580 F. Supp. 122 (W.D. Okla. 1983)
  6. State Gaming Control Board v. Breen661 P.2d 1309 (Nev. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Weisbrod v. Fremont Hotel, Inc., 326 P.2d 1104 (Nev. 1958) 19
West Indies v. First Nat. Bank of Nev., 214 P.2d 144 (Nev. 1950) 36
Scott v. Courtney, 7 Nev. 419 (1872) 20

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