Eberman v. Reitzel
Supreme Court of Pennsylvania
ERROR to the District Court of Lancaster county. John Eberman against Philip Reitzel. This was an action on the case for money had and received.
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ERROR to the District Court of Lancaster county. John Eberman against Philip Reitzel. This was an action on the case for money had and received. The defendant was a lottery broker in the city, of Lancaster, and as the plaintiff alleged, contracted to sell him the one-fourth of a ticket in the New York Consolidated Lottery, Extra Class, No. 37. The ticket was not delivered by the defendant to the plaintiff, and after the drawing the defendant received the proceeds of the prize which it drew, amounting to $5312.50. The defendant made defence on two grounds: first, that the contract of sale had…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
John Eberman brought this suit to recover from the defendant the amount drawn on a quarter-ticket in the New York Consolidated Lottery, Class No. 37, for 1833.
Philip Reitzel was a vender of lottery tickets in the city of Lancaster ; John Eberman, a citizen of Lancaster; the ticket, if bought by him, was bought in Lancaster.
There was much testimony as to the facts. Plaintiff alleged that he had selected the ticket, and directed it to be laid by for him until he would call and pay for it; this a few days before the drawing of the lottery.
Defenda…
2Cases cited2 opinions
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Seidenbender v. Charles's administratorsSupreme Court of Pennsylvania · 1818
3Cited by1 opinion
- Ferguson v. YuntSouth Dakota Supreme Court · 1900