Alexander v. Mount

Suit to recover from the stakeholder money bet upon an election.

Answer, that it had not been demanded before suit. As the suit was commenced before a justice of the peace, no reply was necessary to form an issue for trial. 2 R. S. p„. 458, § 37. There was judgment for the defendant.

It is held in New York that a party to a bet cannot re*162cover from the stakeholder the amount staked, unless he notify him not to pay it over before the contingency has happened on which its payment depended. Fowler v. Van Surdam, 1 Denio, 557. But the great weight of authority is, that it may be recovered if the…