Snyder ex rel. Etter v. Wolfley
Supreme Court of Pennsylvania
In ERROR. The record of this cause being returned from the Common Pleas of Lancaster county, it appeared to be an action of J . 11 debt, brought in the name of Simon Snyder, esq.
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In ERROR. The record of this cause being returned from the Common Pleas of Lancaster county, it appeared to be an action of J . 11 debt, brought in the name of Simon Snyder, esq. Governor of the Commonwealth of Pennsylvania, successor of Thomas M'-Kean, Esq. for the use of Jacob Etter against John Wolfley and John Shortle, surviving obligors of Frederick Hippie, and Abraham Gish, to recover the amount of a prize drawn by Etter, in the Elizabethtown Church Lottery, of which / . ' /■» the defendants were managers, opposite to ticket, No* 4036, which was averred in the declaration to have been…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The plaintiff would not be a competent witness to prove the loss of the ticket, without having shewn by other evidence, that it had actually been in his possession; but that might, I think, be fairly inferred from evidence of his having purchased it, because in the usual course of such transactions, the ticket goes directly into the hands of the purchaser; and the proper course therefore would have been to admit the evidence of the loss, directing the jury to disregard it, unless they were satisfied by evidence, aliunde, that actual possession…
2Cases cited1 opinion
- Meeker v. JacksonSupreme Court of Pennsylvania · 1802
3Cited by6 opinions
- Smull v. JonesSupreme Court of Pennsylvania · 1841
- Brown v. MetzSupreme Court of Pennsylvania · 1836
- Innis v. CampbellSupreme Court of Pennsylvania · 1829
- Chahoon v. HollenbackSupreme Court of Pennsylvania · 1826
- Magaw v. LothropSupreme Court of Pennsylvania · 1842
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