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Quote: Originally posted by KY Floyd on Mar 13, 2017
The story isn't about a "contested winner". It's just one of many disputes about who is the lawful owner of a lottery ticket.
"Her clerks could buy tickets and claim they were mistakes"
How was that situation any different than in any other store? Any clerk with access to a lottery terminal can print tickets as they see fit. Nowadays it's easy for the store owner to have video surveillance that will show whether or not a clerk is printing tickets when it's clear that a customer isn't even there to ask for one, but there's no realistic way to prevent them from printing 2 QP's when a customer asks for one. The owner can't prevent that, but a clear policy that clerks can't buy or sell any of the mistakes after the drawing would establish the store owner's lawful ownership of any tickets that turn out to be winners.
"shows that the bearer instrument does not always control."
If you've got a $20 bill in your wallet it's a bearer instrument, but not many people are dumb enough to think somebody else becomes the lawful owner simply by getting their hands on it. Lottery tickets are no different, and possession doesn't automatically mean ownership.
I agree but we seem to have a wannabe "law prof" who thinks otherwise. The closest analogy is creating intellectual property while employed. Those agreements says the work belongs to the employer. If I owned a convenience store, I would bar employees from buying tickets there. It creates a bright line.
Do not raise your daughter to look for a knight. Raise her to use the sword herself.
macclenny,florida United States
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June 30, 2016
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Quote: Originally posted by Artist77 on Mar 13, 2017
I agree but we seem to have a wannabe "law prof" who thinks otherwise. The closest analogy is creating intellectual property while employed. Those agreements says the work belongs to the employer. If I owned a convenience store, I would bar employees from buying tickets there. It creates a bright line.
I agree with you on all this,I seen a guy buy 10 tickets and lose so the clerk buys the next one and wins $10,000
to me that is just wrong they should have to buy from another store.
Kentucky United States
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February 14, 2006
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Quote: Originally posted by KY Floyd on Mar 13, 2017
The story isn't about a "contested winner". It's just one of many disputes about who is the lawful owner of a lottery ticket.
"Her clerks could buy tickets and claim they were mistakes"
How was that situation any different than in any other store? Any clerk with access to a lottery terminal can print tickets as they see fit. Nowadays it's easy for the store owner to have video surveillance that will show whether or not a clerk is printing tickets when it's clear that a customer isn't even there to ask for one, but there's no realistic way to prevent them from printing 2 QP's when a customer asks for one. The owner can't prevent that, but a clear policy that clerks can't buy or sell any of the mistakes after the drawing would establish the store owner's lawful ownership of any tickets that turn out to be winners.
"shows that the bearer instrument does not always control."
If you've got a $20 bill in your wallet it's a bearer instrument, but not many people are dumb enough to think somebody else becomes the lawful owner simply by getting their hands on it. Lottery tickets are no different, and possession doesn't automatically mean ownership.
"How was that situation any different than in any other store?"
It happened in 1991 when a player asked for five $1 tickets and a clerk printed a $5 Lotto America ticket. According the story, the store owner told the clerks to try and sell mistake tickets because if they didn't, the store had to buy them. When and how the ticket was bought was moot to the South Dakota Lottery because for them "there was no question who they should pay off: the person who presents the ticket and whose name is on it"
"If you've got a $20 bill in your wallet it's a bearer instrument, but not many people are dumb enough to think somebody else becomes the lawful owner simply by getting their hands on it."
I thought a $20 bill is legal tender, but when someone pays me with a $20 bill, it's not mine spend as I like???
By signing the back of a lottery ticket most lotteries recognize the signers as the owners. I never bought an Iowa lottery ticket, but based on the Tipton case, they apparently want to interview the person buying the ticket before paying the prize.
In this story, the South Dakota Lottery paid the prize to the clerk by giving her the first annuity payment and turning any ownership dispute over to the legal system. The two parties eventually settled out of court without any legal decision.