Pekkins v. Eaton
Superior Court of New Hampshire
Assumpsit for $25, money had and received. The cause was tried here, upon the general isue, at January term, 182-1 ; when it appeared in evidence, that the plaintiff' and one Imariak Pierce, made a bet, that Pierce could not break from the gaol in Hopkinton in this county, in a certain time. Pierce was not then a prisoner, but had been confined before in the goal.
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Assumpsit for $25, money had and received. The cause was tried here, upon the general isue, at January term, 182-1 ; when it appeared in evidence, that the plaintiff' and one Imariak Pierce, made a bet, that Pierce could not break from the gaol in Hopkinton in this county, in a certain time. Pierce was not then a prisoner, but had been confined before in the goal. The plaintiff bet $25 to $1, and the money ivas placed in the hands of the defendant.— Pierce went into the gaol and got out within the time limited. The plaintiff demanded the money of the defendant, and directed him not to pay it…
1Opinion of the CourtRichardson, C. J.
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It is contended on the part of this plaintiff, that every wager is illegal, and the contract void ; and that, therefore, he is entitled to recover of the stakeholder the deposit he made with him, although by the terms of the contract the money now belongs to another person. As this proposition is the foundation of the action, we propose to proceed at once to the examination of the authorities, which bear upon the question.
In the case of Andrews vs. Herne, (1 Levintz 33,) the action was assumpsit upon a wager, that King Charles the second, who was then in exile, would be King of England…
2Cases cited5 opinions
- Vischer v. YatesNew York Supreme Court · 1814
- Bunn v. RikerNew York Supreme Court · 1809
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Lansing v. LansingNew York Supreme Court · 1811
- M'Cullum v. GourlayNew York Supreme Court · 1811
3Cited by2 opinions
- Clark v. GibsonSuperior Court of New Hampshire · 1841
- Hoit v. HodgeSuperior Court of New Hampshire · 1833