Low v. Blanchard
Massachusetts Supreme Judicial Court
Contract on the Gen. Sts. c. 85, § 2, against the defendant, as owner, tenant and occupant of a house, for the recovery of money lost therein by the plaintiff in gaming.
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Contract on the Gen. Sts. c. 85, § 2, against the defendant, as owner, tenant and occupant of a house, for the recovery of money lost therein by the plaintiff in gaming. Trial in the Superior Court, before Lord, J., who reported the case, after verdict, for the consideration of this court, in substance as follows: The plaintiff upon the trial offered in evidence the report of an auditor, which found that the plaintiff had, at various times within a year before the date of the writ, lost at gaming in a certain house various sums of money; and also evidence tending to prove that the defendant…
1Opinion of the CourtGray, C. J.
This action could not be maintained at common law, and depends entirely upon the statutes of the Commonwealth. Babcock v. Thompson, 3 Pick. 446.
By the earlier statutes of Massachusetts, any person losing money at gaming might recover it back by action commenced within three months; and if he did not sue within that time, any other person might sue for and recover treble the value thereof, one half to his own use, and one half to the use of the poor of the town in which the offence was committed. Prov. St. 1742 (16 Geo. II.) Anc. Chart. 542. St. 1785, c. 58.
The Revised Statutes of 1836 omitted…
2Cases cited1 opinion
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
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- Kiff v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1875
- Mechanics' Foundry & Machine Co. v. HallMassachusetts Supreme Judicial Court · 1876
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