Lemon v. Grosskopf
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. In the winter of 1865-66, the firm of Briggs, Lemon & Co., of which plaintiff was a member, were the originators and owners of a lottery scheme in the city of Chicago, Illinois, known and described as a gift concert, the tickets of. which were sold at one dollar each.
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APPEAL from the County Court of Milwaukee County. In the winter of 1865-66, the firm of Briggs, Lemon & Co., of which plaintiff was a member, were the originators and owners of a lottery scheme in the city of Chicago, Illinois, known and described as a gift concert, the tickets of. which were sold at one dollar each. During that winter, they placed in defendant’s hands a number of the tickets to be sold by him as their agent; and there was an understanding b&tween them that he' .should retain the money received for such tickets until satisfied that the drawing of the prizes in said scheme was…
1Opinion of the CourtCole, J.
The counsel on both sides substantially concede that the rule is well settled, that courts will not enforce illegal contracts; but they differ as to the application of that rule to the facts of this case. So far as the nineteen tickets, which the defendant retained for himself, are concerned, it is admitted by the plaintiff’s counsel that no recovery can be had. Then the question arises, "Was the plaintiff entitled to recover the money received by the defendant for tickets sold by himself ? It is insisted that he can recover that money because the illegal contract has been fully executed; the…
2Cases cited4 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Thalimer v. BrinkerhoffNew York Supreme Court · 1823
- Walden v. Phœnix InsuranceNew York Supreme Court · 1810
- Murdock v. KilbournWisconsin Supreme Court · 1858
3Cited by8 opinions
- Merchants' National Bank v. SpatesWest Virginia Supreme Court · 1895
- Rountree v. IngleSupreme Court of South Carolina · 1913
- Hardy v. StonebrakerWisconsin Supreme Court · 1872
- Massachusetts Bonding & Ins. Co. v. GottliebTexas Commission of Appeals · 1929
- O'Bryan v. FitzgeraldSupreme Court of Arkansas · 1886
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