Leverett v. Stegall
Supreme Court of Georgia
Trover, in Lee Superior Court. Decision by Judge Allen, March Term, 1857. This was an action of trover by Thomas G. Leverett, against William Stegall, for the recovery of a promissory note.
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Trover, in Lee Superior Court. Decision by Judge Allen, March Term, 1857. This was an action of trover by Thomas G. Leverett, against William Stegall, for the recovery of a promissory note. It appeared that the plaintiff' and defendant made a bet on the result of the gubernatorial election,in 1851; notes were bet and placed in the hands of William L. Davis, as stakeholder; the notes were for about eight hundred dollars on each side; Stegall bet on Cobb, and Leverett on McDonald; Leverett lost, and the stakeholder paid the stakes over to Stegall, hut was notified by Leverett not to do so. This…
1Opinion of the Court
By the Court. —
Lumpkin J.,
delivering the opinion.
[1.] We do not propose to overrule or in anywise modify *258the decision of this Court in Alford vs. Burke, 21, Ga. Rep. 46, on the contrary, we maintain that upon the principles of that case, the plaintiff is entitled to recover in this. Before the wager was paid over by the stakeholder, he was notified to withhold it, and notwithstanding this notice, and the full knowledge of it on the part of Stegall, the note of Turner was turned over to the defendant, he giving a bond of indemnity to Davis. It is admitted that Davis made himself liable; the…
2Cited by3 opinions
- Hawes v. GlovesSupreme Court of Georgia · 1906
- McLennan v. WhiddonSupreme Court of Georgia · 1904
- Lasseter v. O'NeillSupreme Court of Georgia · 1926