114 Ky. 900 | Ky. Ct. App. | 1903
Opinion of tiif court by
— Affirming.
As shown by the evidence in the casa, and, in substance, found by the verdict of the jury, C. A. Stapp, the husband of appellant, Nannie W. Stapp, in connection with T. P. Mason and O. F. Cody, opened a gambling house in the city of Henderson, which they ran for some time.; getting a takeout on all the games played there. C. A. Stapp played in these games, and lost a considerable amount of money, which was the property of his wife, Nannie Stapp, and which he held as her agent. She thereupon filed this suit to recover of her husband’s partners the money thus lost by him at the gaming place set up by him and his partners, on the ground that they had enticed him into playing there by setting up the gaining place. The suit seems to have been brought under section 1969, Kentucky Statutes, which is as follows: “Whoever shall invite, persuade or otherwise induce another to visit any place where any gaming mentioned or included in section one thousand nine hundred and sixty of this chapter is carried on, shall be fined from fifty
Judgment affirmed.
Whole court sitting.
Petition for rehearing by appellant overruled.