Legal Opinion

Whitwell v. Carter

Michigan Supreme Court

Decided January 15, 1856PublishedCited by 3 opinions

Error to Jackson Circuit. This was an action for money had and received, tried in the Jackson Circuit before a jury, and comes here on bill of exceptions.

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Error to Jackson Circuit. This was an action for money had and received, tried in the Jackson Circuit before a jury, and comes here on bill of exceptions. The plaintiff; Carter, proved substantially, that in May, 1855, one Yaughn, as agent for him, made a bet with D. B. Hibbard of $200 cash, and deposited the money with the defendant below, Whitwell, as stakeholder, on the following conditions: Hibbard bet that he, or some one to be employed by him, could trot a pair of his stage horses from the American Hotel, in Jackson, to the hotel in the village of Manchester, in one hour and forty-five…

1Opinion of the Court

*331By the Court,

Douglass, J.

The statute makes the running, trotting and pacing of horses a misdemeanor, and all persons concerned therein punishable by fine and imprisonment (Rev. Stat., Ch. 40, § 1); and also provides, that the owner of a horse, used by his permission or privity, in racing contrary to law, shall forfeit the value of the horse; and every person laying a bet or wager upon the event of an illegal race, shall forfeit the amount of the bet or wager so made, (Ib., § 4.)

The bet between the parties-in this case was, therefore, criminal and illegal.

We do not think it necessary to decide…

2Cases cited4 opinions

  1. Whitney v. AllaireNew York Supreme Court · 1847
  2. Shackleford v. WardSupreme Court of Alabama · 1841
  3. Wood v. DuncanSupreme Court of Alabama · 1839
  4. McKeon v. CahertyThe Superior Court of New York City · 1828

3Cited by3 opinions

  1. Corson v. NeathenySupreme Court of Colorado · 1886
  2. Wilkinson v. TousleySupreme Court of Minnesota · 1871
  3. Doxey v. MillerAppellate Court of Illinois · 1878

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