Himmelman v. Pecaut
Supreme Court of Iowa
Appeal from Woodbury District Court.— Hon. Wm. Hutchinson, Judge. This action was begun before W. T. Stafford, a justice of tbe peace, who sustained a demurrer to the petition. A writ of error was sued out to the district court, where the ruling of the justice was reversed, and the cause remanded. The defendants, having procured an appropriate certificate, appeal.—
1Opinion of the Court
Ladd, J.—
The petition alleged that Gus Pecaut and Len Lessenich wagered $50 each on a horse race, and deposited the same with plaintiff as stockholder; that thereafter Peeaut, claiming to have won the bet, demanded the money, which plaintiff declined to pay over; “ whereupon the defendants promised and agreed and contracted with the plaintiff that, if he would pay said money to Gus Pecaut, then, in the event that this plaintiff should be obliged to return any of said stake money to the said Len Lessenich, that they would repay him and save him harmless from all costs, liability, damages, and…
2Cases cited10 opinions
- Bernard v. TaylorOregon Supreme Court · 1893
- Monroe v. SmellyTexas Supreme Court · 1860
- Thrift v. RedmanSupreme Court of Iowa · 1862
- Shannon v. BaumerSupreme Court of Iowa · 1859
- Trenery v. GoudieSupreme Court of Iowa · 1898
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3Cited by1 opinion
- Dee v. Sears-Nattinger Automobile Co.Supreme Court of Iowa · 1908