Kaszuba v. Zientara

I dissent from the Majority Opinion for the following reasons:

1. The Majority has failed to frame the issue in the proper light of the facts. A question of first impression has been presented, and none of the cases cited by the Majority involve a transaction performed in another state where the transaction is authorized by statute.

2. The question involves Zientara's foreign-based right to gain possession of a lottery ticket and title to $1,696,-800.00. The Majority ignores the present and prevailing moral sense test which is commonly used.

8. I do not believe that the Indiana Constitutional…