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80 N.H. 67

114 A 269

Koutsabelis v. Pappas

Supreme Court of New Hampshire

Decided February 1, 1921

Supreme Court of New Hampshire · decided 1921-02-01

Assumpsit, to recover money lost by gambling. Trial by the court. Verdict for the plaintiff. The court permitted the plaintiff to reduce his ad damnum from two hundred to ninety-nine dollars, and denied the defendant’s motion for an immediate transfer of the case to the superior eourt. Transferred from the municipal court of Manchester by Perkins, J., on the defendant’s exception to these rulings and the denial of his motion for a directed verdict.

Cited by 1 later decisions — most recently February 1951

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1921-02-01

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Young, J.

¶1 It cannot be said that the court erred when it permitted the plaintiff to reduce his ad damnum, for the test to decide that question is to inquire as to what justice requires. This disposes of the defendant’s exception to the denial of his motion for an immediate transfer of the case to the superior court. Laws 1915, c. 30, s. 5. Just what question is intended to be raised by defendant’s exception to the denial of his motion for a directed verdict and to the admission of plaintiff’s testimony that he made a bet of seventy dollars with the defendant on a wrestling match is not *68 clear; for P. S., c. 270, s. 17, provides that money lost by gambling may be recovered in an action of assumpsit.

¶2 Exceptions overruled.

All concurred.
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