Cole v. Applebury
Massachusetts Supreme Judicial Court
Tout, under the Gen. Sts. e. 85, §§ 1, 2, in several counts, to recover treble the amount of a sum of money alleged to have been lost by one Henry G. Cole, a brother of the plaintiff, by playing at cards in a certain building in Boston, of which the defendants were alleged to be owners and occupants, and were also alleged to be the winners of said money, on various days between November 22, 1880, and May 18, 1881. Writ dated September 19,1881. Trial in the Superior Court,…
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Tout, under the Gen. Sts. e. 85, §§ 1, 2, in several counts, to recover treble the amount of a sum of money alleged to have been lost by one Henry G. Cole, a brother of the plaintiff, by playing at cards in a certain building in Boston, of which the defendants were alleged to be owners and occupants, and were also alleged to be the winners of said money, on various days between November 22, 1880, and May 18, 1881. Writ dated September 19,1881. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s counsel was allowed, against…
1Opinion of the CourtField, J.
It is important to determine whether the words “ covin or collusion,” in the Gen. Sts. c. 85, § 1, mean covin or collusion between the loser and the winner, or between the loser and the other person, who, after three months, may bring suit for three times the value of the property lost.
It was ordered by the General Court of the Colony of Massachusetts Bay, in 1646, that “ if any person shall, at any time, play or game for any money or money’s worth, every such *528person shall forfeit treble the value of that so played or gamed for to the common treasury, half to the party informing thereof." 2…
2Cases cited3 opinions
- Cole v. GrovesMassachusetts Supreme Judicial Court · 1883
- Low v. BlanchardMassachusetts Supreme Judicial Court · 1874
- Morris v. FarringtonMassachusetts Supreme Judicial Court · 1882
3Cited by6 opinions
- Cecil v. Superior CourtCalifornia Court of Appeal · 1943
- E. S. Parks Shellac Co. v. HarrisMassachusetts Supreme Judicial Court · 1921
- Donovan v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1949
- Staninger v. TaborAppellate Court of Illinois · 1902
- Kizer v. WaldenIllinois Supreme Court · 1902
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