Koppersmith v. Nassano
Supreme Court of Alabama
Statutory Detinue for Horse, by Winner at Raffle. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action was brought by Mary Nassano, against Charles F. Koppersmith and two other persons, to recover a horse, which the plaintiff claimed to have won at a raffle, together with damages for its detention.
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Statutory Detinue for Horse, by Winner at Raffle. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action was brought by Mary Nassano, against Charles F. Koppersmith and two other persons, to recover a horse, which the plaintiff claimed to have won at a raffle, together with damages for its detention. The horse sued for had belonged to the Neptune Fire Company, No. 2, a private corporate body, and, with another horse, was raffled off by the order or'authority of the company. The horses were in the engine-house of the company at the time of the raffle, and the…
1Opinion of the Court
SOMEBVILLE, L
The action is brought by the appellee, to recover a horse in the hands of the defendants, which is claimed to have been won by the plaintiff at a raffle, or other device in the nature of a lottery. The horse is shown to have been the property of the Neptune Fire-Company, a body corporate, by whose authority the raffle was ordered. The plaintiff-is proved to have held the winning ticket, and excuses her failure to produce it by proof of its loss.
If the contract of delivery be executory, it is not denied that it is void for illegality, and incapable of supporting any form of action…
2Cases cited2 opinions
- Hill v. FreemanSupreme Court of Alabama · 1882
- Edwards, Hudmon Co. v. MeadowsSupreme Court of Alabama · 1881