Duff

This wrongful death action is brought by the surviving wife and son of Robert Duff, who committed suicide after losing money at the Nevada gambling casinos owned by defendants. Plaintiffs appeal from a judgment dismissing the complaint after demurrers to the first amended complaint were sustained without leave to amend.

The first amended complaint alleges that in 1967 “plaintiff, Phyllis Duff and decedent, Robert Duff, cancelled all of the check cashing accounts that they had with each of the .. . defendants,” but that in 1970, “these check cashing accounts were reopened.”

The complaint further alleges:

“That in reopening said check cashing accounts, the decedent and the plaintiif, Phyllis Duff, entered into a contract in writing with the defendants, and each of them, which contract specified that specific limits would be placed upon the individual check cashing account of the decedent at each place of business of the defendants and that said limits were purposely placed at a low amount so that the decedent would not be tempted to spend more money gambling than these limits which he had set for himself and which limits were accepted in writing by the defendants, and…