M'Allister v. Hoffman
Supreme Court of Pennsylvania
IN ERROR. It appeared from the record of this case, returned on a writ of error to the Court of Common Pleas of Mifflin county, that in the court below it was an action brought by the plaintiff in error, Hugh M'Allister, against John Hoffman, the defendant in error, to recover the sum of one hundred dollars deposited in the hands of the defendant as a stakeholder, on a bet upon the result of the last election for governor of Pennsylvania.
Read the full summary
IN ERROR. It appeared from the record of this case, returned on a writ of error to the Court of Common Pleas of Mifflin county, that in the court below it was an action brought by the plaintiff in error, Hugh M'Allister, against John Hoffman, the defendant in error, to recover the sum of one hundred dollars deposited in the hands of the defendant as a stakeholder, on a bet upon the result of the last election for governor of Pennsylvania. The wager was made by the plaintiff and one William Turner, who each deposited with the defendant the sum of one hundred dollars, to be paid to the winner…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The result of the authorities undoubtedly is, that the loser may withdraw his stake at any time before actual payment to the winner. If then such be the rule in regard to those wagers that are void only by the policy of the common law, how much more reason is there for enforcing it when public policy has received the sanction of positive enactment? To the act of wagering on an election, the act of assembly not only annexes a penalty, but in terms declares the contract to be void; and as in construing remedial statutes, the main thing is to…
2Cited by2 opinions
- Lloyd v. LeisenringSupreme Court of Pennsylvania · 1838
- McAllister v. GallaherSupreme Court of Pennsylvania · 1832