M'Laughlin v. Waite & Waite
New York Supreme Court
Assumpsit for money had' and received; tried at the New York circuit, in January, 1826, before Edwards, C. Judge; when, under the charge of the judge; a verdict was taken for the defendant, with leave to the plaintiff to make a case, and with liberty to either party to turn it into a bill of exceptions or special verdict. The facts are fully stated in the opinion of the court.
1Opinion of the Court
Curia per Savage, Ch. J.
The defendants were lottery office keepers. They purchased a certain ticket and sold it in shares. One half was found by the plaintiff in the street, who carried it to the defendants, and said he expected a reward for finding it. It was advertised, but no owner appeared. The plaintiff then claimed to be the owner by virtue of the finding; and the ticket having drawn $5000, demanded payment of one half, which was refused. The judge charged the jury that the plaintiff was not entitled to recover, he having obtained possession by finding. The jury found a verdict for the…
2Cited by6 opinions
- Vanderburgh v. BassettSupreme Court of Minnesota · 1860
- Sickles v. Gould, New York County Courts1875
- Paddock v. WingNew York Supreme Court · 1858
- Case v. SpencerAppellate Division of the Supreme Court of the State of New York · 1903
- Chamberlain v. DarrowNew York Supreme Court · 1887
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