Thatcher v. . Morris
New York Court of Appeals
The complaint alleged that the defendants were contractors and managers in certain lotteries authorized by the laws of the state of Maryland, and that by such laws they were authorized to sell tickets in such lotteries, to be drawn at Baltimore; that they sold tickets in the lotteries to divers persons to the plaintiff unknown, in schemes set out and stated in the.complaint: that afterwards there was a drawing of the lotteries in pursuance of the schemes at Baltimore in the…
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The complaint alleged that the defendants were contractors and managers in certain lotteries authorized by the laws of the state of Maryland, and that by such laws they were authorized to sell tickets in such lotteries, to be drawn at Baltimore; that they sold tickets in the lotteries to divers persons to the plaintiff unknown, in schemes set out and stated in the.complaint: that afterwards there was a drawing of the lotteries in pursuance of the schemes at Baltimore in the state of Maryland, and that certain of the tickets specified drew prizes amounting to the sum of $200.60, which the…
1Opinion of the Court
By the constitution as well as the laws of the state, all lotteries and the selling of lottery tickets are prohibited. Lotteries are declared by law to be common and public nuisances, and the uttering of lottery tickets is made a misdemeanor, punishable by fine and imprisonment. (Const. art. 1, § 10; 1R.S. 665, §§ 33, 36.)
All contracts and dealings in respect to lotteries and tickets in lotteries being illegal, no right of action can accrue to a party by reason of such contracts and dealings, according to the maxim, ex turpi causa non oritur actio. (Broom's Leg. Maxims, 350.) If, however, a…
2Cited by24 opinions
- Intercontinental Hotels Corp. v. GoldenNew York Court of Appeals · 1964
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Rothrock v. PerkinsonIndiana Supreme Court · 1877
- Russell v. Societe Anonyme Des Etablissements AeroxonNew York Court of Appeals · 1935
- Gist v. Telegraph Co.Supreme Court of South Carolina · 1895
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