Morgan v. Beaumont

• Decision Date: 21 September 1876
• Citation: 121 Mass. 7
• Parties: Elihu R. Morgan v. D. B. Beaumont
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

121 Mass. 7

Elihu R. Morgan v. D. B. Beaumont

Supreme Court of Massachusetts

September 21, 1876

Franklin. Contract for money had and received. The answer set up that the money was handed to the defendant to hold as stakeholder, on a wager as to the result of a horse race, and was to be paid to the winner; that both the plaintiff and the defendant knew that the wager was illegal, and aided and abetted in the race. The answer also alleged that, in order to have the race to decide the wager, certain expenses were incurred for the use of the race-ground and for other expenses, for which the defendant was liable; and that, on the day of the race, one hundred and fourteen dollars were collected as entrance fees, one fourth of which belonged to the defendant, and that said one fourth was paid to the plaintiff to pay such expenses, but the plaintiff did not pay them; and the defendant claimed to recoup so much of the money in his hands as stakeholder as should indemnify him for such expenses, together with what was required to pay the expenses, from the money in the plaintiff's hands. The defendant also filed a declaration in set-off for the money in the plaintiff's hands. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, on an agreed statement of facts in substance as follows:

The defendant, prior to May 22, 1875, received of the plaintiff the sum of one hundred dollars, as a stakeholder on a wager between the plaintiff and one Woodward, upon the result of a horse race which actually took place on May 22, 1875. This money was to be paid to the winner of the bet, after the race. After the race, while the money was still in the hands of the defendant, the plaintiff, claiming that the race was not fairly had, and that the decision of the judges of the race was not fairly made, forbade the defendant paying the money to Woodward, and requested the defendant to pay the same to him, which the defendant refused to do. Afterwards the money still remaining in the defendant's hands, the plaintiff commenced this action. The defendant well knew of the wager, and knew that the deposit of money was made in aid of illegal trotting and horse racing; and, at the time of the racing, both the plaintiff and defendant were present encouraging it.

The plaintiff received a certain amount of money as entrance fees at the race, and the expenses mentioned in the defendant's...