Frybarger v. Simpson

The appellee, who was the plaintiff, sued. Frybarger to recover a certain amount of money deposited with him as a stakeholder upon a wager on the result of the state election for governor, on the 14th of October, 1856. The issues were submitted to a jury, and there was a verdict for the plaintiff, upon which the Court, having refused a new trial, rendered judgment.

The facts are substantially these: The plaintiff, on the 20th of September 1856, deposited with the defendant, as a stakeholder, 1,000 dollars, as a wager on the result of the state election for governor, at which election Ashbel P.…