Dows v. White

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 16, 1837

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-09-16

<p> Rule to show cause why judgment should not be entered,, for want of a sufficient affidavit of defence. </p> <p>An affidavit of defence, which averred that the consideration of a check, on which suit was brought, was for “ lottery tickets,” without stating that the sale was in Pennsylvania, was held defective, under the act of 28th March, 1836.</p>

Decided 1837-09-16

Per Curiam.—The

¶1affidavit of defence is not sufficiently certain. The consideration of the check may have been for lottery tickets sold the defendant in another state, where dealing in them is not prohibited, as in Pennsylvania, (Stroud's Purd. tit. Gambling and Lotteries,) and consequently the contract might not be illegal, and yet the affidavit be true as far as it goes. Leave is however given to file a supplemental affidavit of defence.

¶2This was filed, averring the sale to have been in Philadelphia.

¶3Rule discharged.