39 N.J.L. 458 | N.J. | 1877
The opinion of the court was delivered by
A lottery is defined as being a scheme for the distribution of prizes by chance, (Bouv. Law Dict.)—a game of hazard, in which small sums are ventured for the chance of obtaining a larger value, either in money or other valuables. Worcester’s Lid. Where a pecuniary consideration is paid, and it is determined by lot or chance, according to some scheme held out to the public, what the party who pays the money is to have for it, or whether he is to have anything, it is a lottery. State v. Clarke, 33 N. Hamp. 329; Hull v. Ruggles, 56 N. Y. 424.
It was not disputed on the argument, nor is it disputable, that all the elements of these definitions existed in the facts found by the court below, save only that of chance. The
There is, however, aside from the result of the race, another element of chance in these games, which is clearly pointed out in Tollett v. Thomas, L. R., 6 Q. B. 514, and that is, the element which determines what the winner is to gain. That element, in the “auction pool,” depends upon how much others may bet against him, and, in the “ French pool ” and “ combination pool,” upon how many others may bet against him and how many others may bet as he does. None of the betters, save the last one, can possibly learn these matters. I need not repeat what is said in the case cited, as to these ingredients making the transaction a game of chance.
The judgment below should be affirmed, with costs.