WAGER. A bet ; a contract by which two parties or more agree that a certain sum ,f money, or other thing, shall be paid or delivered to one of them on the happening or not happening of an Uncertain event.
2. In general, it seems that a wager is legal and may be enforced in a court of law, 3 Term, 693, if it be not contrary to public policy, or immoral, or if it do not in some other respect tend to the detriment of the public, or if it do not affect the interest, feelings, or character of a third person. 1 P. A. -Browne, Penn. 171.
Wagers on the event of an election laid before the poll is open, 1 Term, 56 • 4 Johns. N. Y. 426 ; 4 Harr. & Mell. Md. 28'4, or after it is closed, 8 Johns. N. Y.454, 147 ; 2 Browne, Penn. 182, are unlawful. And wagers are against public policy if they are in restraint of marriage, 10 East, 22 ; if made as to the roode of playing an illegal game, 2 H. Blackst. 43 ; 1 Nott & M'C. So. C. 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, 247, and Day's notes. But see 1 Cowp.. 37.
3. Wagers as to the sex of an individual, 1 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 considera tions. 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, Penn.'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 Barnew. & Ald. 683.
4. In the case even of a, legal wager, the authority of a stakeholder like that of an arbitrator, may be rescinded by either party before the event happens.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 Barnew. & Ald. 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 Term, 405. But see 12 Johns. 1. See, further, on this subject. 7 Johns. N, Y. 434 ; 10 id. 406, 468; 11 id. 23 • 12 id. 376 ; 13 id. 88; 15 id. 5 ; 17 id. 192; STAKEHOLDER.