Conklin v. Conway
Supreme Court of Pennsylvania
'Error to the District Court, Philadelphia. This was an action on the case by Conway v. Conklin, to recover one hundred dollars, which the plaintiff had deposited with Conklin on a bet between Conway and another, as to the speed at which the “Lady Suffolk” had trotted.
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'Error to the District Court, Philadelphia. This was an action on the case by Conway v. Conklin, to recover one hundred dollars, which the plaintiff had deposited with Conklin on a bet between Conway and another, as to the speed at which the “Lady Suffolk” had trotted. A witness was examined who testified as to the deposit; but it appeared that the parties to the bet had differed as to the mode of ascertaining the speed, and it did not appear in the case that the speed had been ascertained. The plaintiff, on three occasions, demanded a return of the money deposited by him. The second demand…
1Opinion of the Court
The opinion of the Court, was delivered by
Lowrie, J.
The Act of Assembly declares all bets on horse-racing void. Hence money, delivered to a stakeholder on such a bet, is delivered on a void contract, and the title to the money is not thereby changed, and the stakeholder has no right to deliver it to the winner. Hence follows the very obvious corollary, and perhaps a stronger one were it not for the force of decisions, that, if the stakeholder has paid the money to the winner after notice of the withdrawal of the bet, the lawful owner may still sue him for it. This was the instruction…
2Cited by4 opinions
- Fairmount Engine Co. v. Montgomery CountySuperior Court of Pennsylvania · 1938
- Appeal of Joe CurcioSuperior Court of Pennsylvania · 1932
- Dauler v. HartleySupreme Court of Pennsylvania · 1896
- Fritz v. McGeehan, Pennsylvania Court of Common Pleas, Schuylkill County1923