Mann v. Gordon

Citations

• 15 N.M. 652
• 110 P. 1043

Syllabus

<p>SYLLABUS' (BY THE COURT.)</p> <p>1. In a suit brought to recover money lost at gambling’ within one year prior to the bringing of such action, moneys won at gambling by the plaintiff from the defendant more than one year prior to the commencement of action by the plaintiff to recover his losses, are not within the terms of section 2927 of the Compiled Laws of 1897 and cannot - be pleaded as a set-off or counterclaim to the original cause of action.</p> <p>2. A demurrer to a counterclaim which pleaded a cause of action under the gaming statutes barred by the statutes of limitation was properly sustained.</p> <p>3. In an action under Sec. 3199, C. L. 1897, to recover money lost at a gambling device,, it was in evidence that the plaintiff did not settle the loss at the time of the play but about six weeks later he gave a check which defendant subsequently cashed. Held that an instruction to the effect that the loss occurred at the time the game was- played and not when the cheek was given or the money paid, was proper.</p>