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8 Mass. 476

Gilbert v. Williams

Massachusetts Supreme Judicial Court · decided 1812-03-15

<p>The holders of prize tickets in a lottery may demand the prize money of all the managers, although the tickets are respectively subscribed by one only; but where such- holders had given up the tickets to one of the managers, taking his personal promise for the amount due upon them, they were held to have thereby relinquished their claim on the other managers, and to have a right of action only against him whose receipt they had taken for the tickets.</p>

Decided 1812-03-15

By the Court.

¶1This case must be decided on the particular facts reported by the judge. There can be no question, that the managers were jointly responsible to the plaintiffs, while they retained the prize tickets, which constituted the evidence of their demand But when the plaintiffs delivered the tickets to Mr. Gardner, and took his personal promise for the amount due upon them, they relinquished their claim on the other managers, and lost their remedy on the tickets; having exchanged it for a right of actk n against Gardner. The verdict must be set aside, and the plaintiffs be called

¶2 Plaintiffs nonsuit.

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