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CATTS v. PHALEN ET AL.

43 U.S. 376 (____)

2 How. 376

JOHN CATTS, PLAINTIFF IN ERROR, v. JAMES PHALEN, AND FRANCIS MORRIS, DEFENDANTS IN ERROR.

Supreme Court of United States.

Attorney(s) appearing for the Case

Coxe and Semmes, for the plaintiff in error.

Jones and Brent, for the defendants in error.

Mr. Justice BALDWIN delivered the opinion of the court.

Phalen and Morris brought an action in the court below, to recover from Catts the sum of $12,500, which they alleged he had received for their use, and being so indebted, promised and assumed to pay, to which the plaintiff plead the general issue.

It appeared in evidence on the trial, that the legislature of Virginia had authorized lotteries, to raise money for...

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