The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 59

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 59

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...interest and premium, which he was sure to get in any event. While this latter privilege depended upon chance, it cannot, we think, be held upon any sound theory that it converted the bonds into lottery tickets, and imparted to the loan which was made thereon the character, object and accompaniments of a mere lottery scheme. "A government bond of the character of the one involved in this action does not come within the mischief intended to be remedied, or within the scope and purpose of the enactments against lotteries. Such an instrument is not named nor is it within the purview of the statute or the intention of the law-makers. These bonds have been issued by several of the governments of other countries, and in no sense can they be regarded as being within the inhibition of the statutes of this State, which were intended to suppress lotteries and to prevent citizens from indulging in this species of gambling. " The bond in question was an evidence of debt, and a public security of a foreign government, exposed for sale the same as other securities upon which money is loaned, and its sale did not violate the provisions of the statute already cited. It was not rafiied for or distributed by lot or chance, and it cannot be said that the purchase of the same by the plaintiff was within the provisions of section 22 of 1 Revised Statutes, 665." It is apparent that the reasoning in that case exactly covers this case, and the conclusions reached we think are correct. It follows that the petitioner should be discharged from cust0dy_ FOOTE, and SEARLS, (JC., concurred. The COUn'r.--For the reasons given in the foregoing opinion, it is ordered the petitioner be discharged. MYRICK, J., dissented. Executor and...show more

Product details

  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236800583
  • 9781236800589