
    Simmons against Borland.
    NEW YORK,
    Oct. 1813.
    for" an aC]‘0Jj and received, i«ickeCmoney depoaiiedwith a stakeholder, as a bet, on a de/ the\ct," £? t[^J" femiaiit can-i)is dt fence, paM over‘¡.he mont y to the «■it notice.
    
    ERROR, on certiorari, from a justice’s court. Borland sued Simmons before the justice, to recover 25 dollars, delivered by the plaintiff to the defendant, as a stakeholder, on a bet on the event of a race to be run between two horses. The defendant, in his plea, acknowledged that he received the money of the plaintiff, and that he had not redelivered it to him; but had paid it over to the person who had won the race, which had been fairly run, and won by him. ' The justice gave judgment for the plaintiff.
   Eer Curiam,

On the facts disclosed in the defendant’s plea, {J-ie plaintiff was entitled to judgment. The act (sess. 25. c. 44.) declares horseracing for money a nuisance, and makes the stake - h~Idcrs indictable, and declares all contracts on account of any money bet or staked on such races void in law, and authorizes the party to recover back the money paid on such unlawful race or game. The inference from the plea is, that the stakeholder paid over the money after the plaintiff had demanded it; and there is no pretence that it was paid over without notice; nor would the stakeholder be permitted to set up any such defence. He received the money in the first instance in his own wrong.

Judgment affirmed.  