Legal Opinion

Cleveland v. Wolff

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 6 opinions

Frror from Shawnee District Court. Wolee sued Cleveland to recover $200 previously deposited by him with said Cleveland as stakeholder as and for a wager or bet made by Wolff on a horse-race. The wager was made with one Joseph Kellam, who bet and deposited a like sum with the defendant.

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Frror from Shawnee District Court. Wolee sued Cleveland to recover $200 previously deposited by him with said Cleveland as stakeholder as and for a wager or bet made by Wolff on a horse-race. The wager was made with one Joseph Kellam, who bet and deposited a like sum with the defendant. Before the race had been determined and decided, Wolff became dissatisfied, notified the parties, demanded a return of his money, ■and notified defendant not to pay it to Kellam, or to any •one but himself, (plaintiff.) It was stipulated, on the trial, that when the wager was made it was agreed that said •race…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The defendant in error, Frederick GL Wolff, and one Joseph Kellam, bet two hundred dollars each on a horse-race, each betting on his own horse, and deposited the money with the plaintiff in error, James S.. Cleveland, as a stakeholder. The horses were to run five heats, but before the last heat was run, and before it was determined which of the parties had won, or would win, the said Wolff became dissatisfied, refused to let his-horse run the last heat, demanded of the said stakeholder his part of the said money, and notified him not to…

2Cases cited1 opinion

  1. Jennings v. ReynoldsSupreme Court of Kansas · 1866

3Cited by6 opinions

  1. Doughty ex rel. Woods v. EnglerSupreme Court of Kansas · 1923
  2. Wiczynski v. MaherOhio Court of Appeals · 1976
  3. Deaver v. BennettNebraska Supreme Court · 1890
  4. First State Bank v. SpencerCourt of Appeals of Kansas · 1981
  5. Hilton v. BaileySupreme Court of Oklahoma · 1915

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