Dauler v. Hartley

Citations

• 178 Pa. 23
• 35 A. 857
• 1896 Pa. LEXIS 1128

Syllabus

<p>[Marked to be reported.]</p> <p>Contract — Wagering contract — Stockholder.</p> <p>So long as money staked on the result of a wager remains in the hands of the stakeholder it belongs to the person from whom it came, and may be withdrawn by him notwithstanding the loss of the bet, and without the consent of the other party to the contract. •</p> <p>A deposit of money with third persons who are stakeholders, for the purpose of being used by a broker as margins in the mere purchase and sale of differences in the market prices of stocks and grain, without actual purchases or sales of stocks or grain in specie, is a mere wagering contract, and if the money is still in the hands of the stakeholder and not paid over to the person who made the transaction, it may be recovered back.</p> <p>Equity — Mutual accounts — Interpleader—Multiplicity of suits — Inadequate remedy at law.</p> <p>Several persons deposited money with one of two defendants in a bill in equity as a stakeholder, to be used by the other defendant in stock gambling transactions. The bill was filed after the transactions had been made, but before the money had been paid over by the stakeholder to the ■second defendant. Held, that equity had jurisdiction over the case.</p>