Reynolds v. McKinney
Supreme Court of Kansas
Error from Douglas County. The facts of the case, found by the court below, are as follows : “ That on the 7th day of November, A. D. 1864, one Edward R. Jennings and one Thaddeus Prentice laid a wager of one hundred dollars a side on the result of the election for governor of the State of Kansas, which election was to take place on the 8th day of November, A. D. 1864, and deposited the money in the hands of the said defendant as a stakeholder; that the money which the said…
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Error from Douglas County. The facts of the case, found by the court below, are as follows : “ That on the 7th day of November, A. D. 1864, one Edward R. Jennings and one Thaddeus Prentice laid a wager of one hundred dollars a side on the result of the election for governor of the State of Kansas, which election was to take place on the 8th day of November, A. D. 1864, and deposited the money in the hands of the said defendant as a stakeholder; that the money which the said Prentice put up as said wager was the property of one John Speer prior to the time it was put up ; that the said Speer…
1Opinion of the Court
By the Court,
Bailey, J.
Betting on elections is utterly prohibited by the laws of this state. See 242 Crimes Act, Comp. Laws, p. 335.
It follows that all money placed in the hands of stakeholders is to be regarded as placed or deposited in his hands without consideration, to be repaid on demand to the person who deposited the same, or attached by any person having a valid claim, and showing cause of attachment against the depositor. It is a mere naked deposit, and by implication of law, it is deemed to have been deposited to the use of the depositors, respectively, and the share of each is…
2Cited by3 opinions
- Gehres v. AterOhio Supreme Court · 1947
- Hilton v. BaileySupreme Court of Oklahoma · 1915
- Pollock v. AgnerSupreme Court of Kansas · 1895