Legal Opinion

Staub v. Myers

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 1 opinion

Appeal by the defendant George Henry from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the '28th day of September,' 1896, denying his motion to vacate an order of arrest.

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Appeal by the defendant George Henry from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the '28th day of September,' 1896, denying his motion to vacate an order of arrest. The complaint alleges that the appellant and others were unlawfully associated in a certain illegal business of selling, and offering to sell what are commonly called lottery policies “ and writings, papers and documents in the nature of bets, wagers and insurance upon the drawing and drawn numbers of certain public and private lotteries and…

1Opinion of the Court

Hardin, P. J. :

In section 24, article 4, title -8, chapter 20 of part 1 of the Revised Statutes it is declared that all agreements “for or on account of any raffle, or distribution of money, goods or things, in action, for the payment of any money, or other valuable thing, in consideration of a chance in such raffle or distribution, or for the delivery of any money, goods or things in' action, so raffled for, or agreed to be distributed as aforesaid, shall be utterly void.”

In the following section, to wit, section 25, it is provided : “Any *478person who shall have paid any money or valuable…

2Cases cited5 opinions

  1. Stockwell v. United StatesSupreme Court of the United States · 1871
  2. Meech v. . StonerNew York Court of Appeals · 1859
  3. Hathaway v. . JohnsonNew York Court of Appeals · 1873
  4. Tompkins v. SmithThe Superior Court of New York City · 1882
  5. Glen's Falls Paper Co. v. WhiteNew York Supreme Court · 1879

3Cited by1 opinion

  1. Dadirrian v. WhitsonNew York Supreme Court · 1907

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