Hoit v. Hodge
Superior Court of New Hampshire
This was a writ of error, brought to reverse a judgment of the court of common pleas. Hodge brought an action of assumpsit, for money had and received, against Hoit. Upon the trial, in the court of common pleas, it appeared, that Hodge, and one David Bunker, at Barnstead, on the 2d August, 18,30, made a bet of $5 each, upon a horse race, to be run at Barn-stead, on the 7th August, 1830. The money was deposited in the hands of Hoit.
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This was a writ of error, brought to reverse a judgment of the court of common pleas. Hodge brought an action of assumpsit, for money had and received, against Hoit. Upon the trial, in the court of common pleas, it appeared, that Hodge, and one David Bunker, at Barnstead, on the 2d August, 18,30, made a bet of $5 each, upon a horse race, to be run at Barn-stead, on the 7th August, 1830. The money was deposited in the hands of Hoit. It was agreed that the horses should run until the wager was won, and that, if either Hodge or Bunker should refuse to let his horse run, he was to forfeit the $5,…
1Opinion of the Court
The opinion of the court was delivered by
RichardsoN, C. J.
The wager, in this case, was upon a matter in which neither party had any interest beyond *105what was created by the wager itself; and if the wage? had been won, by Bunker, on the Ttli August, 1830, Hodge would have been entitled to recover of Hoit the money he deposited, if demanded at any time before it was paid over to Bunker. All wagers, upon matters, in which the parties have no interest, are void contracts. 3 N. H. Rep. 152, Perkins v. Eaton; 1 B. & A. 683; 3 Starkie’s Ev. 1655; 16 East, 150; 1 Carr. & Payne, 613.
That part of the…
2Cases cited1 opinion
- Pekkins v. EatonSuperior Court of New Hampshire · 1825
3Cited by1 opinion
- Clark v. GibsonSuperior Court of New Hampshire · 1841