Homer v. Whitman
Massachusetts Supreme Judicial Court
This action was assumpsit, originally biought by James Brewer, the plaintiff’s intestate, against the defendants, as managers of the Plymouth Beach Lottery, so called, to recover the amount of a prize of 1000 dollars, drawn against a ticket sold by them. Two objections were made to the plaintiff’s right to recover.
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This action was assumpsit, originally biought by James Brewer, the plaintiff’s intestate, against the defendants, as managers of the Plymouth Beach Lottery, so called, to recover the amount of a prize of 1000 dollars, drawn against a ticket sold by them. Two objections were made to the plaintiff’s right to recover. The first was, that his only remedy was upon the bond required, by the statute granting the lottery, (1) to be given by the managers to the treasurer of the town of Plymouth; it being proved, in the statute, that all persons aggrieved by the doings of the managers may have the…
1Opinion of the Court
Sed per Curiam.
This objection cannot prevail. The ticket is evidence of a promise by the managers to pay the prize which should be drawn against it. The bond is for the security of those for whose use the lottery was granted.
* The other objection was, that the action should have been brought by the intestate jointly with one Crombie ; it being in evidence that it had been agreed between them, that, if the ticket in question should draw a prize, the said Brewer should pay one moiety of such prize to Crombie; who was, also, to pay to Brewer the moiety of any prizes that should be drawn against…
2Cited by3 opinions
- Hazard v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1823
- Gardner v. BarkerMassachusetts Supreme Judicial Court · 1815
- Hees v. NellisNew York Supreme Court · 1873