Section 1. Whoever, by playing at cards, dice or other game, or by betting on the sides or hands of those gaming, except for gaming conducted in licensed gaming establishments pursuant to chapter 23K or sports wagering conducted pursuant to chapter 23N, loses to a person so playing or betting money or goods, and pays or delivers the same or any part thereof to the winner, or whoever pays or delivers money or other thing of value to another person for or in consideration of a lottery, policy or pool ticket, certificate, check or slip, or for or in consideration of a chance of drawing or obtaining any money, prize or other thing of value in a lottery or policy game, pool or combination, or other bet, may recover such money or the value of such goods in contract; and if he does not within three months after such loss, payment or delivery, without covin or collusion, prosecute such action with effect, any other person may sue for and recover in tort treble the value thereof.
Notes of Decisions
Cited in
3
cases, 1932–1983 · leading case:
Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983).
Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983).
“…include double or treble damages, attorneys' fees and costs, as herein provided...." Compare also G.L.c. 167, § 63, G.L.c. 137, §§ 1, 2, G.L.c. 242, §§ 4-6, G.L.c. 186, § 15F, G.L.c. 75D, § 14, G.L.c. 91, § 59A, G.L.c. 140, § 159, G.L.c. 130, §§ 63, 68A, G.L.c. 130, §§ 24,…”
DeCosta v. Ye Craftsman Studio Inc., 180 N.E. 151 (Mass. 1932).
“564 , that the earlier statute corresponding to G. L. c. 137, § 1, limiting an action to recover money lost in gaming to three months from the time of loss, was such special provision otherwise made and that an infant who had thus lost money could not rightly invoke the benefit…”
Mellor v. Berman, 390 Mass. 275 (Mass. 1983).
“…double or treble damages, attorneys’ fees and costs, as herein provided . . . .” Compare also G. L. c. 167, § 63, G. L. c. 137, §§ 1, 2, G. L. c. 242, §§ 4-6, G. L. c. 186, § 15F, G. L. c. 75D, § 14, G. L. c. 91, § 59A, G. L. c. 140, § 159, G. L. c. 130, §§ 63, 68A, G. L.…”
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