The action is under section 994 of the Penal Law to recover money paid by P to D upon the event of prohibited wagers or bets. From April 28, 1928, to April 17, 1930, P had paid D, a bookmaker $37,535 for wagers lost upon a series of horse races. D presented evidence that during the same period D lost and paid to P like wagers aggregating a much larger sum. D counterclaimed for the return of monies he had lost. The trial court agreed, but the Appellate Division granted judgment for the entire amount of the wagers lost and paid by P to D with nothing being returned to D. D appealed

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.