Adkins v. Flemming

On the trial it was agreed that the one hundred dollars claimed by defendant, is for this amount placed by plaintiff in the hands of the defendant, as a stakeholder, upon a wager on a horse race run between plaintiff and one Luallen. Defendant was one of the judges of the race. Plaintiff, after the race, and a decision that he was beaten, but before the money was paid to Luallen, notified the defendant not to pay the money to Luallen ; but, notwithstanding notice and after the notice was given him, the defendant paid the money to Luallen.

On this statement the circuit court rendered judgment *123fo…