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DECISION FAVORABLE TO ED ALVEY Frankfort Ky November 1 Ed Alvey of Lonis ville a former poolroom operator today won a case when the Court of Appeals decided that John Nich ¬ olson was not entitled to recover 1200f alleged to have been lost by him In bets on race horses to Harry Laflon agent of Alvey The Westeni Union Telegraph Company the Cumberland Telephone Com yany and the Louisville Home Telephone Company were also made defendants on the grounds that they assisted in conveying the information to Alvey in deciding the bet betThe The attempt to recover the 12000 was made tm der Section 105fi of the Kentucky Statutes which provides that If 5 or more is lost in a wager or bet the loser may file suit within twentyfour hours to recover the money The Appellate Court adopted the opinion of the lower court which said that the court cannot surmise or conjecture much less arbi ¬ trarily determine the amount of money to be re covered in a case like this bnt must be guided by the evidence The court came to the conclusion that there was no evidence introduced by Nicholson to prove that he had lost 12000 to Laffon oc Alrey between June 190S and September 1900 The greatest amount the court says Nicholson proved that he lost was 700 which should have been re ¬ covered under another statute
