Schenck v. Hirshfeld

Plaintiffs and one Coyne wagered five hundred dollars each upon the event of an election. Defendant acted as the stakeholder. After the election had been held and the result declared, a proceeding in contest of the election was instituted, and before the money had been paid over or the contest decided, plaintiffs in writing notified the stakeholder that they repudiated the wager and demanded the return of the five hundred dollars deposited by them. Their demand was refused. The foregoing is a brief statement of the facts set out in the complaint of plaintiffs, to which complaint defendant…