Stevens v. Cincinnati Times-Star Co.

Citations

• 72 Ohio St. (N.S.) 112

Syllabus

<p>•Guessing contest instituted by newspaper company — Persons to pay fifty cents to company, twenty-four for subscription and twenty-six for privilege of guessing — On total vote for state officer to be elected — Guesser nearest actual vote to receive prize money — Is within the condemnation of Ohio statutes against lotteries — Guesser has no standing in equity court — - To maintain action for injunction and receiver — One cannot sue for all, when — Jurisdiction of superior court — Games of chance — Equitable procedure.</p> <p>1. A guessing contest, instituted by a newspaper company, by wbicb persons are invited to deliver to the company fifty cents each, twenty-four cents of which being payment for a subscription to the newspaper and twenty-six cents for the privilege of making a guess upon the total vote for a state officer who is to be chosen at an approaching election, the guesser coming nearest to the actual total vote cast to receive a money prize from the fund equal to one-tenth thereof, and others next nearest to receive from the fund lesser money prizes, is within the condemnation of the statutes of Ohio against lotteries and schemes of chance, and is an unlawful enterprise. And a similar scheme, involving the same amount of payment by each person, but differing from the former in that there is to be no subscription to a paper, and the prizes promised are definite amounts from five thousand dollars, down to two dollars, is equally within the condemnation of the statute and unlawful.</p> <p>2. One who delivers fifty cents to the company under and by virtue of the foregoing scheme has no standing in a court of equity to maintain an action for injunction and a receiver on the claim that the money paid by himself and other contributors, amounting to $200,000.00 or over, constitutes a fund which equitably belongs to all who have made guesses and paid money; that such persons are numerous; that tlieir names are unknown to him, and that it is impracticable to bri