Roby v. West
Superior Court of New Hampshire
TROVER for three tickets in the grand state lottery in Rhode Island, one of which had drawn a prize of $500. At the trial of the cause here upon the general issue at August term, 1827, it appeared in evidence, that the defendants purchased the said tickets, with others, in Massachusetts, and delivered them to the plaintiff to sell for them on commission ; and that the said tiekets remained in the possession of the plaintiff unsold after the 16th September, 1826, when the…
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TROVER for three tickets in the grand state lottery in Rhode Island, one of which had drawn a prize of $500. At the trial of the cause here upon the general issue at August term, 1827, it appeared in evidence, that the defendants purchased the said tickets, with others, in Massachusetts, and delivered them to the plaintiff to sell for them on commission ; and that the said tiekets remained in the possession of the plaintiff unsold after the 16th September, 1826, when the lottery was drawn. It further appeared, that after the drawing of the lottery, and after the defendants had received a list…
1Opinion of the CourtRichardson, C. J.
It is contended in this case, on behalf of the defendants, that the plaintiff’s title to the tickets, mentioned in his declaration, rests entirely on the contract of sale, made with him by the defendants, and that contract being contrary to law and void, the plaintiff has failed en-*287lirely to show any legal foundation for maintaining an action to recover the value of them.
We shall, in the first place, consider whether the contract of sale made between these parties was illegal ? The statute of June 12, 1807, entitled “an act for the suppression of lotteries,” sec. 3, enacts, that if any person…
2Cases cited4 opinions
- Woart v. WinnickSuperior Court of New Hampshire · 1826
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Hunt v. KnickerbackerNew York Supreme Court · 1810
3Cited by14 opinions
- De Burgh v. De BurghCalifornia Supreme Court · 1952
- Willard v. HarveySuperior Court of New Hampshire · 1852
- Pray v. BurbankSuperior Court of New Hampshire · 1839
- Lewis v. WelchSuperior Court of New Hampshire · 1843
- Coburn v. OdellSuperior Court of New Hampshire · 1855
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