Rolfe v. Delmar

Robertson, Ch. J.

The fact of the receipt of the money sued for, by the defendant in a fiduciary capacity* clearly appears by the affidavits, but the defendant sets up that the same was received for tickets sold in this city in a lottery to be drawn in Washington. A statute of this state (1 R. S. 666, § 36) provides that every.“person within this state who shall * sell * to any person, any ticket or part or share of a ticket, or any * instrument purporting to be a * share of a ticket of any such lottery * not expressly authorized by law,” shall be guilty of a misdemeanor. This is held to…