Hill v. Kidd

By the Court,

Belcher, J.:

This is an action to recover the sum of one thousand dollars, alleged to be in the hands of the defendant, as the stakeholder of a wager made between the plaintiff and one McMullin upon the result of the Presidential election of 1868, in the State of California.

The wager was made on the 31st day of October, 1868, and the agreement was that each party should deposit—and each party did then deposit—in the hands of the defendant, the sum of one thousand dollars, to be held by him as stakeholder until after the Presidential election of that year, when, if it should be…