# Strowell v. Vrooman

> New York Supreme Court · August 15, 1804 · 2 Cai. Cas. 107

URL: https://www.frixlaw.com/law-library/cases/5463334

## Case

- **Full name:** Strowell against Vrooman
- **Court:** New York Supreme Court
- **Decided:** August 15, 1804
- **Citations:** 2 Cai. Cas. 107; 1 Cole. & Cai. Cas. 371
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5463334

## Opinion text

Per Curiam.
This practice is increasing, and becoming grievous. It is time it should be arrested. We ought not to decide cases, unless there be a lis pendens here. (a) We cannot otherwise enforce our decision, and the Very point may come up again. We therefore must refuse taking up the case.
Though there be a Ms pendens, a judge at nisi prius is authorized in refusing to try it, if the issue be such as a court of law ought not to entertain. Therefore, Lord Loughborough would not permit a cause to be brought on, where the matter in dispute was the number of chances in playing an illegal game. Brown v. Leeson, 2 H. Bl. 43. And Lord Ellenborough followed hia example, where the cause of action was a wager on an abstract point of practice. Henkin v. Gerss, 2 Camp. 408; 12 East, 247, S. C, an action not Deing maintainable on a wager on a point of law in'which the parties have not any interest.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5463334. Public record. Not legal advice.