University of Pennsylvania Law Review and American Law Register Volume 62 (Paperback)

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. 1914 edition. Excerpt: ...(I889). ' For a general discussion of the above points see 56 L. R. A. 193, note, and I 5 L. R. A. 583, note. CONTRACTS--GAM1NG----QUESTION or FACT--A newspaper offered a prize of an automobile to the baby receiving the greatest number of votes in a baby parade, votes to be made on coupons appearing in the newspaper.' The plaintiff subscribed to and paid for fifty copies for one year. Held: It is a question of fact whether or not the intent of the plaintiff was to enter into a ganung transaction or a bona fide subscription to the paper. Leonard v. Pennypacker, 89 Atl. Rep. 26 (N. J. I913). _ At the English common law, wagers and bets on almost every subject were enforcible contracts. Gradually this rule was limited by the courts, and it was held that no wagers which could be construed as against public policy would be enforced. Gilbert v. Sykes, 16 East, 150 (Eng. I812); Ramboll Thackoorseydass v. Soojumnull Dhondmull, 8 M00. P. C. 300 (Eng._ I848). By statute (8 & 9 Vict, c. 109), all wagering contracts are declared void, save only prizes to be awarded to the winner in a sport. In this country, owing to the Puritan influences of _the early settlers, gaming contracts have usually, irrespective of their subject matter, been_ held void as against public policy. Irwin v. Williar, IIo U. S. 499 (I883); _Pritchet v. Ins. Co. of No. America, 3 Yeates, 458 (Pa. I803); Amory v. G1lman, 2 Ma. I (I806). SiNhen the facts give rise to some doubt as to the bona fides of the transaction, it is usually held, as in the principal case, that _the intent of the contracting parties is a question for the jury. Rankin v. Mitchein, I4I N. C. 277 (1906); Thompson v. Reiber, 123 Pa. 457 (I889). CONTRACTS---MUTUALlTY--Afl automobile dealer agreed to...