The following is a true copy of the
charge of Judge Mills, after the hear
ing of which the jury retired and
brought in a verdict for the defend
ant : |
The plaintiff in this action sues the
defendant on a complaint, setting
forth in substance that he, the plain
tiff, and J. C. Cover, on the Bth No
vember, 1864, made a bet upon the
termination of the war within a cer
tain time, in c>,se Mr. Lincoln should
be elected—Caver betting SIOO that
the war would terminate within that
time, and Moore betting SIOO that it
irould not. The plaintiff sets forth
farther in hjs complaint th t he des
posited no money tha f lay with the
itakeholder, Holloway, the defend
ing but that he’ deposited his note,
dated on the day of the bet, payable
Cine year after date to the defendant,
Or order, for the sum ofsloo, with in
terest at seven per cent.; that Cover
’depositedwith tne same »t«.lrcholder,
the defendant, one hundred dollars in
money. The noteof the plaintiff and
the money were to be disposed of ac
cording to the terms of the betting
contract. The complaint further al
leges that the defendant, or stake
holder, contrary to the terms of the
belting contract, endorsed tho said
note to J. C. Cover, and that Cover
endorsed it to Augustine, in whose
hands the note was transferred be
fore it was due for a valuable con
sideration, and that tho plaintiff had
paid to Augustine the amount of said
note before the commencement of this
action.
