Mount & Wardell v. Waite
New York Supreme Court
THIS vyas an action of assumpsit. The declaration; contained five counts. The first count stated that the defendants were joint partners, as stationers and lotteryojfice keepers, and used the trade of purchasing, selling and insuring tottery tickets; and that on the 27th January y 1808, a discourse was held between the plaintiffs and defendants, concerning a lottery, called the Baltimore Grand Lottery, and of and concerning the drawing of certain tickets, on the thirteenth…
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THIS vyas an action of assumpsit. The declaration; contained five counts. The first count stated that the defendants were joint partners, as stationers and lotteryojfice keepers, and used the trade of purchasing, selling and insuring tottery tickets; and that on the 27th January y 1808, a discourse was held between the plaintiffs and defendants, concerning a lottery, called the Baltimore Grand Lottery, and of and concerning the drawing of certain tickets, on the thirteenth day of the drawing of the said lottery, and it was then agreed by the defendants, that if the plaintiffs would pay. to.…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
^ There are two questions arising upon this case. 1. Aré , , the plaintiffs entitled to recover the sums insured? 2. Are they entitled to a'return of the premium.?
1. A wager contract is void, if it be against the principles of public policy, equally as if it contravened a ' positive law. This was so decided in the case of Jones v. Randall. (Cowp. 37.) And the contracts iil question appear to me to be- clearly within the mischief, and against the policy, indicated by the act of the 7th of April, 1807, made to restrain the insurance of lottery…
2Cited by15 opinions
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- County of La Salle v. SimmonsIllinois Supreme Court · 1849
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