STAKEHOLDER SUED.

Wanganui Herald, Volume LIII, Issue 16035, 28 January 1920, Page 5

STAKEHOLDER SUED.

LOSER RECOVERS BET

LAW REGARDING WAGERS

BATHURST, Jan. 16

A novel cane concerning the property rights in a wager still held by the stakeholder after the subject of the bet has been determined, was heard before Bathurst’s relieving S.M., Mr Fincham, in Cowra Police Court. Thomas Smith, a landholder in a large way, proceeded against Thomas Flannery, a farmer, to recover £6 held by the latter as stakeholder in a wager in which plaintiff was one of the principals. The evidence showed that the parries to the bet differed in opinion concerning the date of a particular race meeting, and Smith gave Flannery f»; to hold, along with £6 put up by two other men, the dispute to be settled by the local press. The information published went against Smith, who shortly afterwards saw F'auuery, the latter admitting that he had not yet paid the money over. After evidence had been given by Smith, who stated that he had not troubled to find cut how the dispute had resulted, counsel for Flannery applied for a nonsuit on the grounds that the court had no jurisdiction, and that the authority given by Smith to Flannery to deal with the money had never been withdrawn. The magistrate held that under the Act it was quite clear that the court would have no jurisdiction if the money had been won by means of a wager, but the money in question had not been actually won, and until it was paid over the stakeholder was liable for it.

Counsel pointed out that the stakeholder was in a peculiar position. Until he was directed not to pay the money over he had no other course than to pay to the winner. ~

The Magistrate: Any person may get back his own before, or even after, an event is run, or before or after it is paid over. The court has jurisdiction, in this case, as the money given to Flannery was not won by Smith as the result of the wager. I give a verdict for the £6, with 12s costs.

The parties fought the case for the settlement of a principle.