Forscht v. Green
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county. This was an action of assumpsit, commenced May 7th 1865, by Samuel Forscht' v. Arthur N. Green, to recover $220, money deposited with the defendant as stakeholder, being the plaintiff’s stake in a bet with John R. Donnell, on the Congressional election in the York district, in 1862. Forscht, the day after the election, claimed the money from the defendant, and gave him notice not to pay it to the other party; the defendant…
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Error to the Court of Common Pleas of York county. This was an action of assumpsit, commenced May 7th 1865, by Samuel Forscht' v. Arthur N. Green, to recover $220, money deposited with the defendant as stakeholder, being the plaintiff’s stake in a bet with John R. Donnell, on the Congressional election in the York district, in 1862. Forscht, the day after the election, claimed the money from the defendant, and gave him notice not to pay it to the other party; the defendant paid it over on an indemnity. The plaintiff having waited the two years allowed by the Act of July 2d 1839, § 115, Pamph.…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The plaintiff brought this suit against the defendant, who was the stakeholder, to recover back a sum of money bet on the result of the Congressional election, in the York, Cumberland and Perry district, in 1862, by him with one J. R. Donnell. It seems the defendant was notified by the plaintiff, immediately after the result was known, not to pay over the money to the winning party; but he disregarded the notice as well as the Act of Assembly, and paid it over on being indemnified for so doing.
It was claimed in the court below, on part of…
2Cases cited1 opinion
- Wagonseller v. SnyderSupreme Court of Pennsylvania · 1838
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- United States v. HartCourt of Appeals for the Third Circuit · 1937
- Terrell v. City of PaducahCourt of Appeals of Kentucky · 1906
- Dauler v. HartleySupreme Court of Pennsylvania · 1896
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