Ward v. Holliday

Plaintiffs bet $500 on a horse race, deposited the money with defendant as a stakeholder, and lost. Before the deposit was turned over to the winner, defendant was .notified to return it to plaintiffs. He refused to do so, and they jointly sued him to recover the sum stated. From a judgment in their favor for the full amount of their claim defendant has appealed.

As a ground of reversal defendant asserts that each of plaintiffs deposited with him a separate sum, and that consequently he is not answerable to them jointly. If the technical rules of pleading and practice required each plaintiff…