Wood v. of Wood
Supreme Court of North Carolina
1 > From Pitt. J In October, 1817, the Plaintiff and one Causey agreed to run a quarter race for- an hundred dollars. The money was deposited in the hands of the Defendant’s testator, as a stake-holder. The race was run, and the horse of Causey came out ahead ,* but the Plaintiff alleged the race was not fairly run, and forbade the stake-holder from paying over to Causey, the money.
Read the full summary
1 > From Pitt. J In October, 1817, the Plaintiff and one Causey agreed to run a quarter race for- an hundred dollars. The money was deposited in the hands of the Defendant’s testator, as a stake-holder. The race was run, and the horse of Causey came out ahead ,* but the Plaintiff alleged the race was not fairly run, and forbade the stake-holder from paying over to Causey, the money. He tendered to Causey a bond with security to keep him indemnified, and demanded the return of his deposit. The stake-holder paid over the money to Causey after receiving the notice, and this suit was brought to…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court:
This action was brought to recover the amount of a sum betted on a horse-race, and deposited with the Defendant’s testator as a stake-holder. The sum was paid over by him to the supposed winner of the race, after notice from the Plaintiff not to do so : and the contract being illegal under the act of 1810, the question is, Ought the Plaintiff to recover ? Where money has been paid on an illegal transaction, in which both parties are equally criminal, it cannot be recovered back} for there is no reason why he wrho parted with his money…
2Cited by2 opinions
- Wiggins v. RogersSupreme Court of North Carolina · 1917
- Williams v. . CabarrusSuperior Court of North Carolina · 1793