Fisher v. Hildreth
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff in July, 1872, put $325 into. the hands of the defendant, as stakeholder, upon a bet made with Henry A. Hil dreth, who put into the defendant’s hands a like sum, upon the result of the then pending presidential election.
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Contract for money had and received. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff in July, 1872, put $325 into. the hands of the defendant, as stakeholder, upon a bet made with Henry A. Hil dreth, who put into the defendant’s hands a like sum, upon the result of the then pending presidential election. The bet was that if Horace Greeley was elected president, the plaintiff was to have the whole of the money thus deposited with the defendant ; if not elected, H. A. Hildreth was to have the whole. Mr. Greeley died after…
1Opinion of the CourtColt, J.
Under the instructions here given, the jury must have found that the money deposited upon an election bet with the defendant as stakeholder, had been paid over to the supposed winner without the consent or permission of the plaintiff, and after the defendant had been directed by the plaintiff not to pay it over. There was evidence sufficient to justify this finding, and it is enough to support the verdict.
A stakeholder is a mere depositary for both parties of the money advanced by them respectively with a naked authority to deliver it over upon the proposed contingency. He is not regarded as…
2Cited by8 opinions
- Boylston Bottling Co. v. O'NeillMassachusetts Supreme Judicial Court · 1919
- Thornhill v. O'RearSupreme Court of Alabama · 1895
- Morgan v. BeaumontMassachusetts Supreme Judicial Court · 1876
- Lewis v. BrutonSupreme Court of Alabama · 1883
- Jones v. CavanaughMassachusetts Supreme Judicial Court · 1889
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