Cole v. Groves
Massachusetts Supreme Judicial Court
Tort. Writ dated September 19, 1881. The declaration contained three counts. The first count alleged that, on or about August 7, 1880, one Henry G. Cole played at cards in á certain building in Boston, and lost by said playing at cards the sum of $1060, and paid to the defendants said sum; that said Cole neglected to, and did not, within three months after said loss, without covin or collusion, prosecute the defendants with effect for said money lost as aforesaid; and that…
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Tort. Writ dated September 19, 1881. The declaration contained three counts. The first count alleged that, on or about August 7, 1880, one Henry G. Cole played at cards in á certain building in Boston, and lost by said playing at cards the sum of $1060, and paid to the defendants said sum; that said Cole neglected to, and did not, within three months after said loss, without covin or collusion, prosecute the defendants with effect for said money lost as aforesaid; and that the plaintiff was entitled to recover treble the value of the money so lost. The second and third counts were similar,…
1Opinion of the CourtColburSi, J.
We have no doubt that § 1 of the Gen. Sts. c. 85, (Pub. Sts. c. 99, § 1,) under which this action is brought, so far as it authorizes a third person to recover three times the sum of money or value of goods lost by gaming, is a penal statute; or that the Gen. Sts. c. 155, § 20, (Pub. Sts. c. 197, § 4,) apply to this action. Read v. Stewart, 129 Mass. 407. Cumberland & Oxford Canal v. Hitchings, 57 Maine, 146. A right of action is given to the loser to recover the money or value of the goods lost, but his right of action is limited to three months, and is remedial. After the expiration of that…
2Cases cited1 opinion
- Read v. StewartMassachusetts Supreme Judicial Court · 1880
3Cited by24 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Brady v. DalySupreme Court of the United States · 1899
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
- Lynch v. Signal Finance Co. of QuincyMassachusetts Supreme Judicial Court · 1975
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