Lotteries. Concealment of Prize Tags in Plugs of Tobacco. Construction of the Statute. United States v. One Box of Tobacco, "Footprints", 190 Fed. Rep., 731 (N. C.)

1912 The Yale law journal  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. YALE LAW JOURNAL YALE LAW JOURNAL Held, a coin issued by authority of law to circulate as money is not deprived of its legal tender quality merely by benig worn in the process of circulation, nor when bruised or cracked, so long as it is not appreciably diminished in weight, and retains the evidence of its being genuine coinage. And when a passenger on a car of a common carrier tenders such a coin in payment of his fare, which is refused, and the passenger ejected, he may maintain an action for damages against the company, even though the conductor in good faith believed the coin not to be legal tender. In such case the passenger is not required to tender other money in payment of his fare. It is well settled that a genuine coin, worn smooth by use, not appreciably diminished in weight, and distinguished, is legal tender for car fare and if refused and passenger ejected on refusal to pay, company is liable even if conductor acted in good faith. Jersey City & B. R. Co. v. Morgan, 52 N. J. L., 60; Ruth v. St. Louis Transit Co., 90 Mo. App., 1. This is the same where coin appears queer to conductor and believes it counterfeit, being in fact legal tender. Atlanta Consol. St. Ry. Co. v. Keeny, 99 Ga., 266. This is also true of a coin that has been mutilated by a sharp instrument and has a somewhat changed shape, though containing all of the original silver. United States v. Lissner, 12 Fed., 840. But this is not true where the coin had become unfit for circulation. North Hudson Ry.
doi:10.2307/785910 fatcat:pooqslzlffbadosnaez2gadqsq