Hunt v. Knickerbacker
New York Supreme Court
THIS was an action on the case. The declaration contained three counts. The first count stated, that the plaintiffs were managers of a certain lottery, allowed and established by the legislature of the state of Connecticut, . , _ O , . , m May, 1804-, &c.
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THIS was an action on the case. The declaration contained three counts. The first count stated, that the plaintiffs were managers of a certain lottery, allowed and established by the legislature of the state of Connecticut, . , _ O , . , m May, 1804-, &c. (describing the name and object of the lottery 5) that the plaintiffs, on the 16th June, 1806, were possessed of a large number of tickets in the third class of the said lottery, which was legally established by the plaintiffs, as managers; and according to the scheme of the said lottery, the price of the tickets was four dollars each, at…
1Opinion of the CourtThompson, J.
One question made on the argument in this cáse, relates to the legality of the contract, upon which the action is founded, and goes to the whole merits of the plaintiff’s claim. The cause of action arises out of a receipt given by the defendant, on the 16th day of June, 1806, by which he acknowledges to have received, 112 tickets in the Canaan meeting-house lottery, to sell at four dollars each, on a commission of two and a half per cent, and those not sold, to be returned. Both from the declaration and testimony, it is manifest, the tickets were delivered and received, for the purpose of…
2Cases cited1 opinion
- Belding v. PitkinNew York Supreme Court · 1804
3Cited by13 opinions
- Carmine v. MurphyNew York Court of Appeals · 1941
- Swain v. BussellIndiana Supreme Court · 1858
- Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
- Breeden v. Frankford Marine, Accident & Plate Glass InsuranceSupreme Court of Missouri · 1909
- Carrington v. CallerSupreme Court of Alabama · 1829
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