121 Mass. 7 | Mass. | 1876
The wager was illegal, the winner had no right to the money, the stakeholder was a mere depositary, and the plaintiff, having demanded the money before it was paid over, was not in pari delicto, and was entitled to recover his deposit
The agreement as to the collection of entrance fees and the payment of expenses at the horse race, upon which the wager was laid, was wholly distinct from the wager, and cannot therefore be set up by way of recoupment in this action; and, being itself illegal, (Gen. Sts. c. 167, § 9,) will not sustain the defendant’s declaration in set-off.
Judgment for the plaintiff affirmed.