106 Iowa 693 | Iowa | 1898
Plaintiff and one Boyle made a wager upon the result of an election, and placed the stakes in the hands of defendant. It is alleged that Boyle lost the wager, but that defendant, before the result of the election was known, and notwithstanding he was notified by the plaintiff not to do so, paid the money over to said Boyle. This action is t© recover plaintiff’s share of the stakes. The evidence establishes that the count of the judges of election showed that the candidate upon whose success Boyle had bet had received the largest vote. In a contest thereafter, the other candidate was awarded the certificate of election. On the strength of the
II. We may say further that this notice, such as it was, was not given until the money had been paid over. This fact alone would defeat a recovery. Adkins v. Fleming, 29 Iowa, 122; Thrift v. Redman, 13 Iowa, 25; Shannon v. Baumer, 10 Iowa, 210. Plaintiff claims, as we have said, that the money was paid over before the happening of the event that was the subject of the wager. It is true that defendant, after he received the stakes placed them in the safe of Boyle to await the result of the election; but we do not find that he relinquished his rights or surrendered his duties as stake-holder until