State Ex Rel. Stafford v. Fox-Great Falls Theatre Corp.

Plaintiffs appeal from a decree denying an injunction against defendants. The question is whether “Bank Night,” or the awarding of prizes by chance, in the manner followed by the defendants, constitutes a lottery as defined and prohibited by section 11149, Revised Codes, as follows:

“A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to .pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or interest in such property, upon any agreement, understanding, or expectation…