Wagers


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WAGERS. A wager is a bet a contract by which two parties or more agree that a certain sum of money, or other thing, shall be paid or delivered to one of them, on the happening or not happening of an uncertain event.
     2. The law does not prohibit all wagers. 1 Browne's Rep. 171 Poth. du Jeu, n. 4.
     3. To restrain wagers within the bounds of justice the following conditions must be observed: 1. Each of the parties must have the right to dispose of the thing which is the object of the wager. 2. Each must give a perfect and full consent to the contract, 3. There must he equality between the parties. 4. There must be good faith between them. 5. The wager must not be forbidden by law. Poth. du
     4. In general, it seems that a wager is legal and maybe enforced in a court of law 3 T. R. 693, if it be not, 1st, Contrary to public policy, or immoral; or if it do not in some other respect tend to the detriment of the public. 2d. If it do not affect the interest, feelings, or character of a third person.
     5.-1. Wagers on the event of an election laid before the poll is open; 1 T. R. 56. 4 Johns. 426; 4 Harr. & McH. 284; or after it is closed; 8 Johns. 454, 147; 2 Browne's Rep. 182; are unlawful. And wagers are against public policy if they are in restraint of marriage; 10 East, R. 22; made as to the mode of playing an illegal game; 2 H. Bl. 43; 1 Nott & McCord, 180; 7 Taunt. 246; or on an abstract speculative question of law or judicial practice, not arising out of circumstances in which the parties have a real interest. 12 East, R. 247, and Day's notes, sed vide Cowp. 37.
     6.-2. Wagers as to the sex of an individual Cowp. 729; or whether an unmarried woman had borne or would have a child; 4 Campb. 152, are illegal; as unnecessarily leading to painful and indecent considerations. The supreme court of Pennsylvania have laid it down as a rule, that every bet about the age, or height, or weight, or wealth, or circumstances, or situation of any person, is illegal; and this whether the subject of the bet be man, woman, or child, married or single, native or foreigner, in this country or abroad. 1 Rawle, 42. And it seems that a wager between two coach-proprietors, whether or not a particular person would go by one of their coaches is illegal, as exposing that person to inconvenience. 1 B. & A. 683.
     7. In the case even of a legal wager, the authority of a stakeholder, like that of an arbitrator, may be rescinded by either party before the event happens. And if after his authority has been countermanded, and the stake has been demanded, he refuse to deliver it, trover or assumpsit for money had and received is maintainable. 1 B. & A. 683. And where the wager is in its nature illegal, the stake may be recovered, even after the event, on demand made before it has been paid over. 4 Taunt. 474; 5 T. R. 405; sed vide 12 Johns. 1. See further on this subject, 7 Johns. 434; 11 Johns. 23; 10 Johns. 406,468; 12 Johns. 376; 17 Johns. 192; 15 Johns. 5; 13 Johns. 88; Mann. Dig. Gaming; Harr. Dig. Gaining; Stakeholder.

References in classic literature ?
Frank shall have this splendid chance; and I'll lay you any wager you like he makes the best of it.
Methinks that is a princely wager," added King Harry laughingly.
But I would wager four thousand pounds that such a journey, made under these conditions, is impossible.
As long as they were within the circle of the camp, the four friends did not exchange one word; besides, they were followed by the curious, who, hearing of the wager, were anxious to know how they would come out of it.
They were blazing as if upon a wager, giving and taking tremendous blows.
But I would like (though not accustomed to betting) to wager a large sum that not one of the few first-rate skippers of racing yachts has ever been a humbug.
Yes, but I am afraid there will rise up, by the side of us, a sect like that of Epictetus, you know him well; the philosopher of Hieropolis, he who called bread luxury, vegetables prodigality, and clear water drunkenness; he who, being beaten by his master, said to him, grumbling a little it is true, but without being angry, `I will lay a wager you have broken my leg
In the end, he abandoned all other forms of wager, and gave himself up to "I'll bet the Devil my head," with a pertinacity and exclusiveness of devotion that displeased not less than it surprised me.
I never heard the name in my life, I'll wager anything it is not in the calendar
Bed-time at last comes, to save you from doing something rash, and you spring upstairs, throw off your clothes, leaving them strewn all over the room, blow out the candle, and jump into bed as if you had backed yourself for a heavy wager to do the whole thing against time.
Some friend, who has laid a wager he would catch us; let us win the wager, and not allow him to come up with us.
And well thou knowest that no target is nigh to make good thy wager.