Patterson v. Clark
Massachusetts Supreme Judicial Court
Contract for money had and received. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows: In November 1876, a wager upon the result of the then ensuing presidential election was proposed between the plaintiff and the defendant, and each thereupon deposited with one Maloney, as stakeholder, the sum of $50, the whole to be paid by Maloney…
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Contract for money had and received. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows: In November 1876, a wager upon the result of the then ensuing presidential election was proposed between the plaintiff and the defendant, and each thereupon deposited with one Maloney, as stakeholder, the sum of $50, the whole to be paid by Maloney to the winner according to the terms of the wager, as he determined it. Maloney, before the decision of the Electoral…
1Opinion of the CourtLord, J.
There is no doubt that the plaintiff had the right, at any time before the stakeholder had parted with the money, to revoke the wager, and demand the fifty dollars which he had illegally deposited with him. Upon the agreed statement of facts, it is certain that he never revoked his authority to pay the whole one hundred dollars to the winner. On the other hand, he contended that he was entitled himself to the whole one hundred dollars as winner. He contended throughout that the stakeholder, whom he had made his judge in the illegal transaction, should decide in his favor. Until the money was…
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