Legal Opinion
State v. Eames
Supreme Court of New Hampshire
Decided February 4, 1936PublishedCited by 33 opinions
1Opinion of the CourtWoodbury, J.
The authorities are in agreement upon the proposition that three elements must be present in order to constitute a lottery within the meaning of that word as used in criminal statutes. These three elements are, (1) a prize, (2) chance, (3) consideration. Both the state and the defendant agree that the first two elements are present in “Bank Night.” The issue between them is over the element of consideration.
The state first suggests that any “consideration sufficient to support a contract at common law is sufficient to make illegal a scheme fulfilling the other requirements of a lottery.”…
2Cases cited7 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Glover v. MalloskaMichigan Supreme Court · 1927
- Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
- State v. DanzWashington Supreme Court · 1926
- Maughs v. PorterSupreme Court of Virginia · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Herald Publishing Co. v. BillSupreme Court of Connecticut · 1955
- State ex rel. Beck v. Fox Kansas Theatre Co.Supreme Court of Kansas · 1936
- Affiliated Enterprises, Inc. v. WallerSuperior Court of Delaware · 1939
- State Ex Rel. Cowie v. La Crosse Theaters Co.Wisconsin Supreme Court · 1939
- Affiliated Enterprises, Inc. v. GruberCourt of Appeals for the First Circuit · 1936
28 more not listed; retrieve them via the Exa API.