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Ludington v. Dudley

Ludington v. Dudley, 30 N.Y.S. 221 (1894)
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Court
New York Court of Common Pleas · State Trial Courts
Decided
August 1, 1894
Judges
Bischoff
Citations
30 N.Y.S. 2219 Misc. 70061 N.Y. St. Rep. 115
Headnotes
Gaming Contracts—Ives Pool Law. Tlie Ives pool law (Laws 1887, c. 479), removing the penal inhibition against pool selling at races, even if constitutional, does not validate the contract. Opinion of Bisehoff, J., in Irving v. Britton, 28 N. Y. Supp. 529, 8 Mise. Rep. 206, followed.
Summary
Appeal from first district court. Action by Ivanhoe B. Lndington against John Dudley for money had and received. There was a judgment in favor of plaintiff, rendered by the justice upon a stipulated state of facts, and defendant appeals. Affirmed.

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

Opinion of the Court — Bischoff

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BISCHOFF, J.

The facts in this case, as admitted by stipulation, present the identical question which was decided by this court in the case of Irving v. Britton, 8 Misc. Rep. 201 , 28 N. Y. Supp. 529 , upon which authority this appeal is to be determined. But apart from the adjudication upon the constitutionality of the Ives pool law (chapter 479, Laws 1887), as presented by the prevailing opinion in that case, the defense in this action must fail upon the ground taken in the concurring opinion handed down therewith ( 8 Misc. Rep. 206 , 28 N. Y. Supp. 529 ). Hence, the determination of the supreme court in the case of Reilly v. Gray, 77 Hun, 402 , 28 N. Y. Supp. 811 , wherein contrary views as to the constitutionality of the act were expressed, even if it could here be observed with propriety by this general term, is not available as a support to appellant’s contention, for we should be content to rest our decision upon the express ground taken in the concurring opinion in Irving v. Britton, above referred to. Judgment affirmed, with costs.

How later courts describe this case

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

1949: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Longstreth v. Cook, Secretary Ark Racing Commission220 S.W.2d 433 (Ark. 1949) · Dissent

Most recent

  1. Longstreth v. Cook, Secretary Ark Racing Commission220 S.W.2d 433 (Ark. 1949) · Dissent

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 2

DepthCaseCited by
Irving v. Britton, 28 N.Y.S. 529 (1894) 14
Reilly v. Gray, 28 N.Y.S. 811 (N.Y. Sup. Ct. 1894) 17

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