BOOKMAKER PAID TOO MUCH
UNABLE TO RECLAIM. LONDON. May !». Can a bookmaker who has paid out too much to a client on a betting transaction recover by legal action the amount so paid? The Court of Appeal yesterday held that he cannot, and reversed a decision of Judge Thomas at Abergavenny county-court. The action was one in which Mr. Thomas Morgan, bookmaker, sued a clii nt. Mr. Llewellyn. Ashcroft. Judge Thomas gave a verdict for Mr. Morgan, and Mr. Ashcroft now appealed. Mr. Morgan paid out £2l too much to Mr. Ashcroft, and the County Clerk hold that, he was entitled to its repayment, and that the Gaming Act. which Mr. Ashcroft pleaded, did not apply.
Lord Justice Green. Master of the Rolls, said the point was that to ascertain whether an overpayment had been made it would be necessary for the court to examine the state of the account between the parties. “But that.” he added, “the court is not entitled to do. since by taking such an account the court would be recognising wagering transactions, and therefore would be doing the very thing which thq Gaming Act. ISIS. did not permit to be done.’’ Lord Justice Scott agreed, and the appt al was accordingly allowed, with costs.
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Greymouth Evening Star, 23 June 1937, Page 2
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209BOOKMAKER PAID TOO MUCH Greymouth Evening Star, 23 June 1937, Page 2
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