Humphreys v. Magee

• Decision Date: 31 July 1850
• Citation: 13 Mo. 435
• Parties: HUMPHREYS v. MAGEE.
• Court: Missouri Supreme Court

13 Mo. 435

HUMPHREYS

v.MAGEE.

Supreme Court of Missouri.

July Term, 1850.

APPEAL FROM MACON CIRCUIT COURT.

This action was commenced before a justice of the peace by Magee, plaintiff, against Humphreys, defendant, on the 2nd day of December, 1847, for the sum of $66 66, for so much money placed in the hands of Humphreys by Magee, as a stakeholder, to be held to abide the result of a horse-race then about to be run by said Magee and one John Cane. On the trial before the justice of the peace, Magee obtained judgment for $46 66. From this judgment Humphreys appealed to the Circuit Court. On the trial in the Circuit Court, it appears by the evidence preserved in the bill of exceptions, that in the month of January, 1847, a horse-race was made by Magee and Cane, and that Magee had placed in the hands of Humphreys, as stakeholder, the amount stated in his claim; it also appears that the race was run in the month of January, 1847. The preliminaries were managed in the usual manner, each of the parties choosing two judges. After the race the judges met but were unable to agree upon any decision, and thereupon Humphreys, acting upon the separate opinions of the judges, delivered over to Cane, as the winning party, the amount placed in his hands as stakeholder. It also appeared in evidence, that on the 19th day of January, 1847, the day after the race was run, Magee demanded of Humphreys the amount placed in his hands as stakeholder.

The defendant, in the Circuit Court, proved that J. White was a partner with Magee in the bet--had $15 in the stake; also that P. M. Stary was another partner and had $22 in the stake. The plaintiff offered to read the record and proceedings of a former trial in this cause between the same parties, which was objected to by defendant and admitted by the court.

The court, on motion of the plaintiff, instructed the jury as follows: 1. If the jury find from the evidence, that the plaintiff placed in the hands of the defendant money to be held by defendant, as stakeholder, on a bet on a horserace, and that the plaintiff demanded of the defendant said money before the commencement of this suit, they will find for the plaintiff said sum of money, unless they find that said defendant had paid said sum of money to the other party in the bet after said bet was determined by the judges of said race or by the parties to the bet. 2. That if the bet was made in the name of the plaintiff, and he was the only party known to the stakeholder and person with whom the race was made, he may recover in this suit, notwithstanding other persons may have been privately interested with him in said bet, and the money put with defendant. 3. If the jury find from the evidence in this cause, that the plaintiff placed in the hands of the defendant money to hold as a stakeholder, on a horse-race, made between the parties, and that the plaintiff demanded the return of said money before the commencement of this suit, they will find for the plaintiff, if they find said race has not been determined.

The defendant then moved the court to instruct the jury as follows, all of which were refused: 1. If the jury believe from the evidence, that one J. White was a partner in the bet at the time it was made, and interested therein, they will find for defen...