Legal Question in Civil Litigation in Nevada
Two men are in Las Vegas. Man #1 asks Man #2 to hold $200.00 for him. Man #2 agrees. Man #2 decides to play the tables and uses Man #1 money because man #2 does not have money on him but has it available in his bank account. Man #2 wins using man #1 money. To whom do the winnings belong?
6 Answers from Attorneys
Man #2. Nothing tells me they agreed otherwise.
Unless there is a specific agreement on gambling Man #2 only owes Man #1 $200.
Unless there is a specific agreement on gambling Man #2 only owes Man #1 $200.
Unless there is a specific agreement on gambling Man #2 only owes Man #1 $200.
Man #2 owes Man #1 $100, and that is all.
Cash is fungible, meaning that $200 is $200, unless man #1 asked that man #2 hold THOSE specific $200, rather than a sum of $200. The fact that man #2 had $200 elsewhere means he "held" a sum of $200 for man #1, so he did not gamble the money belonging to man #1. He took the risk and if he had lost, he still would have had to return a sum of $200 to man #1, so what he did with the cash does not change their relationship in regard to the money. Man #2 need only return the $200 sum entrusted to him by man #1. The winnings are his to keep.
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