Roselle v. Farmers' Bank
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The dealing in lottery tickets has been outlawed by the laws of the United States and Postoffice Department, as against good morals and public policy. 3 Am. and Eng.
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Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The dealing in lottery tickets has been outlawed by the laws of the United States and Postoffice Department, as against good morals and public policy. 3 Am. and Eng. Ency. of Law, p. 556, ante and post; Buhe v. Bucle, 124 Mo. 178. (2) The plaintiff holds to the position that there is not a particle of evidence in this case, even tending to prove that these parties jointly purchased these tickets in Louisiana, but the evidence does show conclusively and without contradiction, that they were bought by these parties separately…
1Opinion of the CourtBarclay, C. J.
— This appeal is a part of the same litigation described in Roselle v. Beckemeier (1896) 134 Mo. 380 (35 S. W. Rep. 1132). The statement of facts then made is applicable to this appeal also, except so far as modified in this opinion.
Mr. McAuliffe was one of the club of seven who agreed to hold, as a joint venture, the tickets they had obtained in the Louisiana lottery. But there is this vital difference between his position and that of Mr. Beckemeier, the claimant in the other case. McAuliffe was not named or provided for in the agreement between the bank, Roselle, Beckemeier and Tassaro,…
2Cases cited9 opinions
- Horner v. United StatesSupreme Court of the United States · 1893
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- People v. Noelke & MarksNew York Court of Appeals · 1883
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1888
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
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3Cited by13 opinions
- Crutchfield v. RamboCourt of Appeals of Texas · 1905
- McGuire v. HutchisonMissouri Court of Appeals · 1948
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Droge v. CommissionerUnited States Board of Tax Appeals · 1937
- Ex parte KametaOregon Supreme Court · 1900
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