Butler v. Kent
New York Supreme Court
THE declaration in this cause contained two counts, which alleged, in substance, that the defendants were duly appointed, according to law, managers, to conduct a certain public lottery, called “ The fifth Class of the Medical Science Lottery,” and, as such, had the power to superintend the drawing of the same ; and that it thereupon became their duty respectively, before they acted as managers, to take and subscribe an oath or affirmation, well and faithfully to execute the…
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THE declaration in this cause contained two counts, which alleged, in substance, that the defendants were duly appointed, according to law, managers, to conduct a certain public lottery, called “ The fifth Class of the Medical Science Lottery,” and, as such, had the power to superintend the drawing of the same ; and that it thereupon became their duty respectively, before they acted as managers, to take and subscribe an oath or affirmation, well and faithfully to execute the trust reposed in them as managers, and to file such oath in the office of the secretary of state ;—to superintend in…
1Opinion of the Court
Spences, Ch. J.,
delivered the opinion of the Courtl Although the declaration states many particulars of mismanagement, either by the defendants, or their agent, it nowhere charges them with fraud. The amount of the gravamen is, that they were negligent in conducting the preparation for and the drawing of the lottery, that the plaintiff had bought tickets in the lottery,.for the purpose of selling, and that, in consequence of the negligent manner in which the drawing and managing the lottery was conducted, public confidence in the integrity and fairness of the drawing of the lottery was lost,…
2Cited by28 opinions
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- Whalen v. LefkowitzNew York Court of Appeals · 1975
- Kendall v. . StoneNew York Court of Appeals · 1851
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