Legal Opinion

Shannon v. Baumer

Supreme Court of Iowa

Decided December 22, 1859PublishedCited by 7 opinions

Appeal from, Johnson District Court. The plaintiff brought an action against the defendant for money deposited with him by the plaintiff on a wager. Judgment for defendant and plaintiff appeals. cited Stacy v. Foss, 1 Appleton 385 ; Forest v. Mart, 3 Murphey 458; Vischerv.

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Appeal from, Johnson District Court. The plaintiff brought an action against the defendant for money deposited with him by the plaintiff on a wager. Judgment for defendant and plaintiff appeals. cited Stacy v. Foss, 1 Appleton 385 ; Forest v. Mart, 3 Murphey 458; Vischerv. Tates, 11 John. 23 ; McAllister v. Gallagher, 3 Penn. 468 ; Hostelow v. Jackson, 8 B. & C. 221; Smith v. Bechnore, 4 Taunt. 474; Edgar v. Fowler, 3 East. 222; Mount v. War-dell, 7 John. 434; Wheeler v. Spencer, 15 Conn. 28; McAl-lister v. Hoffman, 16 Serg. & R. 147; Moore v. Tripp, 1 Spencer 263 ; Humphreys v. Meyers, 13…

1Opinion of the CourtWeight, C. J.

This case presents but one question, can a party depositing and loaning money upon a wager recover the same from a stakeholder before the same has been paid over to the winner. The District Court held that he could not and gave judgment for the defendant for costs.

Defendant relies upon section 2724 of the Code, which provides, “All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or any part'of the consideration thereof is for money or other valuable thing,- won or lost, laid, staked or bet at or upon *211any game of any kind, or on any…

2Cited by7 opinions

  1. Barnett v. MendenhallSupreme Court of Iowa · 1875
  2. Munns v. Donovan Commission Co.Supreme Court of Iowa · 1902
  3. Trenery v. GoudieSupreme Court of Iowa · 1898
  4. Adkins v. FlemmingSupreme Court of Iowa · 1870
  5. Okerson v. CrittendenSupreme Court of Iowa · 1883

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