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Casual betting or gaming by individuals, as distinguished from betting or gambling as a business or profession, is not a crime.
The causal gambler paid the professional gambler money for wagers lost. He then filed suit to recover the entire amount of the wagers lost and paid by him. The professional gambler contended, under the counterclaim, that he was entitled to recover from the causal gambler a sum equal to the excess of the total amount lost and paid by him to the causal gambler over the total amount lost and paid by the causal gambler to him. The appellate division rejected the counterclaim, which was accepted by the trial court. The appellate division granted judgment to the casual gambler for the entire amount of the wagers lost and paid by him to the professional gambler.
Was the casual gambler's casual betting or gaming a crime?
The court affirmed the appellate division's judgment. It found that the casual gambler's casual betting or gaming was not a crime. However, it found that the professional gambler's betting or gambling as a business or profession was a crime; thus, the professional gambler's criminal act would not give rise to a cause of action. Also, it found that the grant of monetary judgment to the casual gambler was proper as it furthered the legislative intention to put teeth in the prohibition against all betting.