Grove Manufacturing Co. v. Jacobs
Supreme Judicial Court of Maine
Action on the case to recover the value of certain articles sold defendant. Defendant filed plea of general issue and also brief statement, which read as follows:- “That the goods described in plaintiff’s writ constituted a gambling device; that at the time of the contract and sale of said goods to the defendant, the said plaintiff well knew that said goods constituted a gambling device; that said plaintiff sold said goods to said defendant with the intent and knowledge that…
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Action on the case to recover the value of certain articles sold defendant. Defendant filed plea of general issue and also brief statement, which read as follows:- “That the goods described in plaintiff’s writ constituted a gambling device; that at the time of the contract and sale of said goods to the defendant, the said plaintiff well knew that said goods constituted a gambling device; that said plaintiff sold said goods to said defendant with the intent and knowledge that the same should be used as a gambling device.” Case was returnable to the Municipal Court, and upon certain agreed…
1Opinion of the CourtSpear, J.
This is an action on the case brought by the plaintiff to recover for the sale and delivery of an assortment of goods containing various kinds of articles to the amount of forty-nine dollars. But in addition- to the assortment of goods the sale included a device *164for the distribution of the goods, called a punch board. The defense is, that this combination, as a whole, constituted a gambling device, within the law. The agreed statement contains the following description of the sale:
“The assortment described in plaintiff’s writ consisted, of a board containing seven hundred holes in each of…
2Cited by1 opinion
- Atkinson Novelty Co. v. Prince & SonCourt of Appeals of Georgia · 1922