Humphreys v. Magee
Supreme Court of Missouri
APPEAL FROM MACOS CIBCUIT COURT. Tliis action was commenced before a justice of the peace by Magee, plaintiff, against Humphreys, defendant, on the 2nd day of December, 1847, for the sum of $68 66, for so much money placed in the hands of Humphreys by Magee, as a stakeholder, to be held to abide the result of a horse-race then about (o be run by said Magee and one John Cane.
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APPEAL FROM MACOS CIBCUIT COURT. Tliis action was commenced before a justice of the peace by Magee, plaintiff, against Humphreys, defendant, on the 2nd day of December, 1847, for the sum of $68 66, for so much money placed in the hands of Humphreys by Magee, as a stakeholder, to be held to abide the result of a horse-race then about (o be run by said Magee and one John Cane. On the trial before the justice of the peace, Magee obtained judgment for $46 06. Prom this judgment Humphreys appealed to the Circuit Court. On the trial in the Circuit Court, it appears by the evidence preserved in the…
1Opinion of the CourtNapton, J.
This was an action brought agaiust a stakeholder to recover money paid over by him before the determination of the bet. Wo reliance seems to be placed upon any of the points made at the trial, except two. The first was that the suit was barred by lapse of time — our statute relative to Gaming'requiring suits under that act to bo brought within three months from the time when the cause of action accrued. The second point raised was by ■an instruction, that the plaintiff could not recover if others were partners with him in the bet, and at ail events, could only recover so much as belonged to ■…
2Cited by9 opinions
- Dooley v. JacksonMissouri Court of Appeals · 1904
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Connor v. BlackSupreme Court of Missouri · 1896
- Adams Express Co. v. RenoSupreme Court of Missouri · 1871
- Weaver v. HarlanMissouri Court of Appeals · 1892
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