Hurd v. Taylor — 87 N.Y.S. 1137

Majority

p. 1137

HURD, Respondent, v. TAYLOR, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 15, 1904.)

Headnote

Action by F. Seward Hurd against George M. Taylor.

Judgment and order affirmed, with costs. Held, that the question of the illegality of the contract was properly submitted to the jury.

McLennan, P. J., and WILLIAMS, J., dissent. upon the ground that the evidence conclusively establishes that the agreement under which the plaintiff seeks to recover was a wager contract, and was understood by the parties to he such, and that therefore the plaintiff is not entitled to recover.