Lottery prize claims remain wagers despite state authorisation, so recovery suits are not maintainable.

A claim for recovery of lottery prize money was treated as a wager because a lottery ticket remains a scheme of chance, even when the lottery is authorised by the State and regulated by statute. The statutory framework controls or permits the conduct of lotteries, but it does not alter the essential character of the promise to pay prize money or convert the arrangement into ordinary trade or commerce. On that basis, the claim continued to fall within the prohibition against agreements by way of wager, and the suit for recovery was held not maintainable.

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Issues: Whether a suit for recovery of prize money under a lottery ticket is maintainable when the lottery is authorised by the State and governed by lottery legislation.

Analysis: A lottery ticket confers a chance to win a prize by lot and remains a scheme of chance. The statutory regulation of lotteries and permission by the State do not change the essential nature of the promise to pay prize money. Such a claim continues to fall within the mischief of the rule voiding agreements by way of wager. The purpose of the prohibition is to discourage gains based on chance rather than lawful work, and regulatory statutes only control or authorise the conduct of lotteries without converting them into ordinary trade or commerce.

Conclusion: The suit was not maintainable, and the claim for recovery of lottery prize money was rightly refused.

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