The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-18
Marine Court.
Before Hon. Judge Thompson.

Nov 15.-Tomas ORilcy U.s. John Mcguire and vii
Ian Robinson.-In September last Riley made bet Of
s102 with Mcclure that John Lynch was not a mem
Der the Democratic County Convention OF 1857. The
deposited in the hands Of the defendant Robin
son. TIL action s brought to back the amount
Of the wager.
TnoMrs. N, Ut is provided by statute that "An
wagers bets stakes made depend upon any race
upon any ming by lot or chance or upon any lot chances
casual " Or unknown or contingent event whatever shall
DC unawtul. All contracts for or on account Of any
money pr pery or thing in action so wagered bet or
staNed, shan be voido (2 r. s. 72 IL is very certain
that the plan t under the statute for the
bet in ques depended upon neither OF the contingencies
therein enumerated. Is is void then at common law
Wagers not void unless they affect the interests feel
ngs or character of third persons or lead 10 indecent EVIL
dence or are contrary TO public policy or tend TO mmo-
ray TO a breach Of some law q Pars on Con-, 26l
So far this wager is concerned il can in possible
manner affect any principle OF public policy which can
imagine. II matter in which society can take no kind
interest nor suffer any conceivable injury II only
affect the person who has ooishy and mpovidenty lost
his money! lift were the duty OF the courts TO nnd re-
needles for all silly OF nconsderate men, would
involve the necessity for number OF tribunals which the
community would scarcely feel disposed to create.
Neither by statute nor at common law the plaintiff
maintain this action Judgment, therefore, for the de-
PENDANTS, with costs.
Before Hon. Judge Mccarthy.
ACTION FOR FALSE ARREST OF A LADY.
Nov 17.-Ed'oin Robinson and Mary his ,oife u.s. VII
liam A. Moore.-This action is brought 5000,
for assault false arrest and malicious prosecution 1t
alleged by Messrs Hurley 0Rourke, for the plaintiffs,
that on the 10th of October last Mrs Robinson went to
the defendants store to purchase pair of Gloves but
not being suited she asked Of the lady attendants
allow her TO adjust her dress She subsequently
charged with stealing pair Of gloves arrested and
tried at the Sessions where she acquitted The defence
was general denial and that there probable cause
for the suspicion. The plaintiffs counsel offered TO put
Mrs Robinson the stand to explain the transaction,
but the Court decided that a could not be wit
ness for her husband and refused 10 allow her TO be ex
amned. The counsel having summed up, the Judge
charged the jury that in an action Of this kind the de-
PENDANT prove that there probable for the
arrest of the plaintiffs wife, and that the fact of her
having been acquitted of the charge not sufficient to
ente her TO damages but incumbent the lady
TO prove that her arrest was made from malicious
motives without any probable The Court also
observed that il the defendant believed his mind
that theft committed although II should out
that he mistakenly he would not be liable If the
jury believed that the plaintiff entitled to recover,
then they should give her all her expenses and eompen
sation fer the injuries TO her character Verdict for
plaintiff 500.