Gray v. Roberts

The Chief Justice

delivered the opinion of the court.

This was an action of assumpsit for money had and received, and was tried on the plea of non-assumpsit.

On the trial, it appeared that the plaintiff had executed four notes for twenty dollars each, as the price of a lottery ticket, in a lottery set on foot by David Williamson, and that he had paid to the defendant, as agent for Williamson the amount of the notes, a part of which was paid voluntarily and without suit, and a part after judgment had been rendered against him therefor by a Justice of the peace. It also appeared that Williamson,…