Allen v. Ehle

7 Cow. 496

Opinion

Curia.

The statute was passed to remove the common law objection. The 5th section declares the wager to be void; and gives a remedy against the party, to recover it back. The action lying against the party, a fortiori does it lie against the agent, on a demand before the money is paid over. We see no reason for re-considering Simmons v. Borland, (10 John. 468,) which is precisely in point; and has been acted upon in another case lately before us.

Judgment for the plaintiff.