Sutterly v. Fleshman

Citations

• 41 Pa. Super. 131
• 1909 Pa. Super. LEXIS 23

Syllabus

<p>Contracts — Gambling transactions — Payment of losses — Recovery back.</p> <p>1. In Pennsylvania the loser in a gambling transaction who has paid his losses, cannot recover them back.</p> <p>2. The courts of Pennsylvania will not, through any consideration of comity, enforce a right given by the statute of another state to a loser in a gambling transaction to recover back losses which he has already paid.</p> <p>3. Where either of two parties to a gambling contract has money in his hands to which the other is entitled, the action for the recovery of such money is in assumpsit and not in trespass. If the transaction, however, involves fraud or misrepresentation, the action may be in trespass.</p>