Legal Opinion

Kemp v. Hammond Hotels

Massachusetts Supreme Judicial Court

Decided March 27, 1917PublishedCited by 10 opinions

Contract under R. L. c. 99, § 2, to recover money lost in gaming in the building known as the Hotel Essex, at the corner of Atlantic Avenue and Essex Street in Boston, with the knowledge and consent of the defendant as the tenant and occupant of the building. Writ dated January 21, 1914. The declaration contained four counts.

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Contract under R. L. c. 99, § 2, to recover money lost in gaming in the building known as the Hotel Essex, at the corner of Atlantic Avenue and Essex Street in Boston, with the knowledge and consent of the defendant as the tenant and occupant of the building. Writ dated January 21, 1914. The declaration contained four counts. The first count alleged the loss of $360 through the purchase of pool tickets on horse races on October 31,1913. The second count alleged the loss at the same place on the same day by bets and the buying of pool tickets on horse races of $5,000. The third and fourth…

1Opinion of the CourtBraley, J.

The first question is whether the plaintiff lost any money at gaming through the use of any of the devices enumerated *413in R. L. c. 99, § 1. The jury on his direct examination would have been warranted in finding, that, accompanied by an acquaintance and subsequent participant, he went to the defendant’s hotel where they passed to the ninth floor and entered certain rooms, which were connected by a door opening between them. In the first room were a bed, a table and two or three chairs. But on passing through the communicating door, the second room, while bare of all bedroom furniture, was…

2Cases cited10 opinions

  1. Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
  2. Commonwealth v. LeonardMassachusetts Supreme Judicial Court · 1886
  3. Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
  4. Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  5. Bride v. ClarkMassachusetts Supreme Judicial Court · 1894

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
  2. West's CaseMassachusetts Supreme Judicial Court · 1943
  3. Cass v. LordMassachusetts Supreme Judicial Court · 1920
  4. Connecticut National Bank of Hartford v. KommitMassachusetts Appeals Court · 1991
  5. Haller v. Workingmen's Co-operative BankMassachusetts Supreme Judicial Court · 1928

5 more not listed; retrieve them via the Exa API.

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