92 Ky. 123 | Ky. Ct. App. | 1891
delivered the opinion op the court.
“ The stakeholder of any money or other thing that may be staked on any bet or wager shall, when thereto
Donahoe, tbe appellant, wbo made tbe deposit — the-amount of tbe bet — did so as tbe agent of Mitchell and Tucker, or one of them, and upon notice to tbe appellee (wbo was tbe stakeholder) demanding a return of tbe money, and a refusal by tbe latter, be brought this action in bis own name to recover tbe deposit. Tbe defense pleaded that the bet was made by tbe appellant for tbe parties named; that it was their money, and tbe party suing bad no other intent than that as agent in making the bet.
We perceive no reason why tbe doctrine as to agency should not apply in this case as in other transactions where tbe principal acts through an agent. Where the agent is a bailee of property and bis possession molested by a wrongdoer he may- sue in bis own name for tbe wrong done him; but for a violation of contract, or for tbe recovery of money where tbe agent has transacted tbe business for the principal, tbe suit must be brought in the name of the principal. What interest has the-agent in this money deposited with tbe appellee ? None-whatever; and it can not be said that tbe statute would permit a recovery by tbe agent and then by tbe principal. It is not a penalty imposed for betting, but is a remedy by statute to enable the party aggrieved to recover bis money before it is paid over to tbe winner.
Tbe statute expressly says, “that tbe sum may be recovered from tbe stakeholder by tbe party aggrieved.” If this appellant bad notified tbe appellee that tbe money
Judgment affirmed.