Hussey v Crickitt
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1811 |
| Date | 01 January 1811 |
| Court | Court of Common Pleas |
English Reports Citation: 170 E.R. 1343
COURT OF COMMON PLEAS
Referred to, Jeffrey v Bamford, [1921] 2 K B 351.
[168] court of common pleas Sittings after Term in London 1811. hussey v. crickitt. (An action may be maintained upon a wager of a rump and dozen, whether the defendant be older than the plaintiff ? When a dinner is ordered at a tavern by the authority of two persons who have laid a wager of a rump and dozen, if the winner pays the bill, he may maintain an action against the loser for money paid to recover the amount.) [Referred to, Jeffiey v Bamford, [1921] 2KB 351.] This was. an action upon a wager of a rump and dozen, whether the defendant was older than the plaintiff ? The declaration contained several special counts upon the wager, and the usual money-counts - Plea, the general issue It appeared that the wager was laid in May 1809, when the plaintiff, the defendant, * Vule Hamond v. Dufrene, ante, L45. 1344 HUSSEY V. CRTCKITT 3 CAMP. 169. and seven other gentlemen, were dining together in Fiirnival's Inn Hall Nothing further was done m the business till the 8th of June in the following year The parties then meeting again in the same place, it was resolved that each should name a friend for the purpose of appointing a day when the question should be decided by the production of the registers of baptism ; and of ordering a dinner at a tavern for the rump and dozen The plaintiff accordingly named Mr. Hurd, and the defendant Mr Keene, who agreed in appointing [169] the 14th of the same month, and ordered a dinner on that day for the parties and the other gentlemen present when the bet was laid, at the Albion Tavern in Aldersgate street At the day appointed, it was found that the defendant was six years older than the plaintiff He had notice of the dinner, but did riot attend The bill which amounted to £18 was paid in the first instance by Mr Hurd. He was repaid, however, by the plaintiff before action brought -The witnesses stated that a rump and dozen means a good dioner and plenty of wine for the persons present Vaughan, Serjeant, for the defendant, insisted, that no action could be maintained upon such a wager, on account of its uncertainty, frivolity, ludicrous nature, and immoral tendency He relied upon Blown v Leeson, 2 H Bl 43, in which Lord Loughborough refused to try an action on a wager, " whether there are more ways thaji six of nicking seven on the dice, allowing seven to be the main, and eleven a nick to...
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