Morgan v. Beaumont
Massachusetts Supreme Judicial Court
Contract for money had and received. The answer set up that the money was handed to the defendant to hold as stakeholder, on a wager as to the result of a horse race, and was to be paid to the winner; that both the plaintiff and the defendant knew that the wager was illegal, and aided and abetted in the race.
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Contract for money had and received. The answer set up that the money was handed to the defendant to hold as stakeholder, on a wager as to the result of a horse race, and was to be paid to the winner; that both the plaintiff and the defendant knew that the wager was illegal, and aided and abetted in the race. The answer also alleged that, in order to have the race to decide the wager, certain expenses were incurred for the use of the race-ground and for other expenses, for which the defendant was liable; and that, on the day of the race, one hundred and fourteen dollars were collected as…
1Opinion of the CourtGray, C. J.
The wager was illegal, the winner had no right to the money, the stakeholder was a mere depositary, and the plaintiff, having demanded the money before it was paid over, was not in pari delicto, and was entitled to recover his deposit *9from the stakeholder, whether it was still in his hands, or had been paid by him to the winner after notice from the plaintiff not to do so. The fact, insisted upon at the argument, that the defendant knew of and promoted the illegal wager, affords him no protection. White v. Franklin Bank, 22 Pick. 181, 189. McKee v. Manice, 11 Cush. 357. Love v. Harvey, 114…
2Cases cited2 opinions
- Love v. HarveyMassachusetts Supreme Judicial Court · 1873
- Fisher v. HildrethMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Duane v. Merchants Legal Stamp Co.Massachusetts Supreme Judicial Court · 1918
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
- Lewis v. BrutonSupreme Court of Alabama · 1883
- Jones v. CavanaughMassachusetts Supreme Judicial Court · 1889
- Baxter v. DeneenCourt of Appeals of Maryland · 1904
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