Murphy v. Rogers
Massachusetts Supreme Judicial Court
Contract upon four promissory notes, dated December 2, 1887, given by the defendant to the plaintiff. Trial in tbe Superior Court, without a jury, before Lathrop, J., who found the following facts, and reported the case for the determination of this court, in substance as follows. The notes in question were given to the plaintiff in renewal of a promissory note for $167.75, dated December 10, 1886, and signed by the defendant.
Read the full summary
Contract upon four promissory notes, dated December 2, 1887, given by the defendant to the plaintiff. Trial in tbe Superior Court, without a jury, before Lathrop, J., who found the following facts, and reported the case for the determination of this court, in substance as follows. The notes in question were given to the plaintiff in renewal of a promissory note for $167.75, dated December 10, 1886, and signed by the defendant. The consideration of the original note was in part sums of money for intoxicating liquors and cigars sold by the plaintiff to the defendant, and charges for playing…
1Opinion of the CourtC. Allen, J.
The second ruling which was requested should have been given. If the plaintiff kept a billiard saloon, and played with the defendant upon the terms that the defendant should pay for the use of the table by both parties in case he lost, but otherwise that he should not pay anything, that was gaming, within the meaning of the Pub. Sts. c. 99, § 5.* So also it was gaming if they played together upon the terms that the defendant, in case he lost, should pay the plaintiff for liquors or cigars to be used by the plaintiff, but otherwise not. In such case, the price of the use of the table, or of…
2Cases cited4 opinions
- State ex rel. White v. WrightOhio Supreme Court · 1848
- State v. MaurerSupreme Court of Iowa · 1858
- State v. BookSupreme Court of Iowa · 1875
- Harbaugh v. PeopleIllinois Supreme Court · 1866
3Cited by5 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Boylston Bottling Co. v. O'NeillMassachusetts Supreme Judicial Court · 1919
- Kemp v. Hammond HotelsMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. Theatre Advertising Co.Massachusetts Supreme Judicial Court · 1934
- Hopkins v. StateSupreme Court of Georgia · 1905