Johnston v. Russell

Citations

• 37 Cal. 670
• 1869 Cal. LEXIS 103

Syllabus

<p>Wagers.—At common law, wagers made in respect to matters not affecting tho feelings, interest, or character of third persons, or the public peace or good morals, or public policy, are legal contracts, which may be enforced by action.</p> <p>Wagers upon Elections.—Wagers upon the result of elections are against public policy, and are therefore void; and hence money put up in the hands of a stakeholder may be recovered if the wager be repudiated and a return of the money be demanded at any time before the election has taken place, and the result has become generally known, but not thereafter.</p> <p>Idem.—J. made a wager with E. that Seymour would receive a majority of tho votes cast in this State at the presidential election in 1868, and E. made a wager with J. that Grant would receive a majority of said votes. Tho money was put in the hands of R. as stakeholder. After the election had taken place and the result had become known, J., having lost his wager, notified R. that he repudiated the wager, and demanded Ms money, but R. notwithstanding paid the money to F., according to the. terms of the wager. In an action by J. against R. to recover his stake, it was held that a recovery could not bo had.</p>