Kitchen v. Greenabaum
Supreme Court of Missouri
Error to Saline County Cvreuit Court. I. The term, “lottery ticket,” as used in the statute, means a ticket, the value of which is uncertain, and to be determined by a drawing to take place in the future. The term, as used in the petition, has reference to a ticket which entitled the holder to a definitely ascertained amount — known to the defendants at the time of the contract.
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Error to Saline County Cvreuit Court. I. The term, “lottery ticket,” as used in the statute, means a ticket, the value of which is uncertain, and to be determined by a drawing to take place in the future. The term, as used in the petition, has reference to a ticket which entitled the holder to a definitely ascertained amount — known to the defendants at the time of the contract. The defendants having received the money which had been drawn by the ticket, will not be aided by the illegality of any other contract than that under which he became possessed of the ticket. (Wimer vs. Pritcliardt,…
1Opinion of the CourtSherwood, Judge
This was an action to recover six hundred dollars, alleged to have been fraudulently obtained by defendants from plaintiff.
Plaintiff states in his petition, that about the 5th day of December, 1872, he owned a ticket in an enterprise known as the “Second Grand Gift Concert, for the benefit of the Public Library of Kentucky,” which ticket was numbered 42,464, and which entitled the holder thereof to whatever prize or gift the same might draw upon a distribution, by lot, among the ticket holders in said enterprise, which said drawing was to take place, and did take place, on the 7th day of…
2Cases cited1 opinion
- Wimer v. PritcharttSupreme Court of Missouri · 1852
3Cited by30 opinions
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
- State Ex Rel. Connecticut Fire Insurance v. CoxSupreme Court of Missouri · 1924
- Colby v. Title Insurance & Trust Co.California Supreme Court · 1911
- Haggerty v. St. Louis Ice Manufacturing & Storage Co.Supreme Court of Missouri · 1898
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1886
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