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Jacoby v. Heidelberg

Joseph Jacoby v. Charles Heidelberg

Jacoby v. Heidelberg, 33 Misc. 111 (1900)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
November 15, 1900
Judges
Gorman
Citations
33 Misc. 11167 N.Y.S. 146
Headnotes
Gambling — The winner cannot recover of the loser. Where a loss has already been incurred in a gambling transaction, any person, other than the winner, who advances money or property to the loser to enable him to pay the loss, may, in the absence of a special statute, recover such advances; but the winner cannot recover of the loser, no matter what form the loss may take.
Summary
Appeal from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gorman

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O’Gorman, J.

The principle is now well settled with respect to gambling contracts that where a loss is already incurred any person other than the winner who advances money or other property to the loser to enable him to pay the loss may recover such advance in the absence of a special statute. 14 Am. & Eng. Ency. of Law, 642. But the plaintiff in- this case is in no position to invoke the benefit of this rule. He was a person directly connected with the transaction. He was the only winner in the game, and there is no authority going to the extent of permitting a winner to recover from a loser, no matter what form the loan may take.

Judgment affirmed, with costs.

Beekman', P. J., and Giegebich, J., concur.

Judgment affirmed, with costs.

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