Legal Opinion

Boswell v. Lainhart

Supreme Court of Louisiana

Decided May 15, 1831PublishedCited by 4 opinions

APPEAL PROM THE COURT OP THE FIRST DISTRICT. By an act of the Legislature of 1828, Henry Lainhart was authorized to raise, by means of a lottery, the sum of six thousand dollars; provided that a bond, with sufficient security, to the Governor be given, conditioned for the faithful drawing of the same, and for the expending so much of the sum raised under the authority of the act as may be necessary for the construction, and the application to the use, of a steam-engine made…

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APPEAL PROM THE COURT OP THE FIRST DISTRICT. By an act of the Legislature of 1828, Henry Lainhart was authorized to raise, by means of a lottery, the sum of six thousand dollars; provided that a bond, with sufficient security, to the Governor be given, conditioned for the faithful drawing of the same, and for the expending so much of the sum raised under the authority of the act as may be necessary for the construction, and the application to the use, of a steam-engine made according to his new mode of generating steam and applying it to the propelling of machinery. It was further enacted,…

1Opinion of the CourtMartin, J.

The plaintiff and appellant complains of the judgment of the District Court, which disallowed his claim on the defendant as surety of Lainhart, on a bond given by the latter to the Governor, in consequence of the privilege granted by the Legislature to raise a certain sum of money by lottery; the plaintiff being the holder of a ticket entitled to a prize. The penalty of the bond is $12,000.

By the act granting the privilege of a lottery to the defendant’s principal, a bond with surety for the drawing of the lottery and the application of $6000 to a certain purpose, was required. The governor…

2Cited by4 opinions

  1. Miller v. BonnerSupreme Court of Louisiana · 1926
  2. Martinolich v. AlbertLouisiana Court of Appeal · 1962
  3. Salmen Brick & Lumber Co. v. OwenLouisiana Court of Appeal · 1929
  4. LeBlanc v. Succession of MassieuSupreme Court of Louisiana · 1875

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