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2018 Georgia Code 13-8-4 | Car Wreck Lawyer

TITLE 13 CONTRACTS

Section 8. Illegal and Void Contracts Generally, 13-8-1 through 13-8-59.

ARTICLE 1 GENERAL PROVISIONS

13-8-4. Liability of stakeholder of money risked on wager.

A stakeholder of money risked on a wager shall be obligated to repay the money to the party depositing it, upon demand, before it is actually paid to the winner; but if he pays the money to the winner bona fide, and without notice of the depositor's intention to retract, he shall not be liable for such payment.

(Orig. Code 1863, § 2809; Code 1868, § 2817; Code 1873, § 2868; Code 1882, § 2868; Civil Code 1895, § 3721; Civil Code 1910, § 4315; Code 1933, § 20-1005.)

JUDICIAL DECISIONS

Retracting party may, after demand, recover from stakeholder in action for money had and received. McLennan v. Whiddon, 120 Ga. 666, 48 S.E. 201 (1904).

What constitutes sufficient demand.

- See McLennan v. Whiddon, 120 Ga. 666, 48 S.E. 201 (1904).

RESEARCH REFERENCES

C.J.S.

- 70 C.J.S., Payment, § 157.

ALR.

- Who is nonprofessional or casual gambler within statute relating to recovery of gambling losses which in terms or by construction distinguishes between professional and nonprofessional or casual gamblers, 141 A.L.R. 941.

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