1927 Present: Fisher C.J. and Drieberg J.

FERNANDO v. FERNANDO.

211-D. C. Negombo, 1,494.

Lottery-Ticket purchased by father in name of son-Prize-Beneficial interest-Donation.

Where a person bought a ticket in a lottery in the name of his minor son no beneficial interest in a prize drown for such ticket passed to the son.

APPEAL from a judgment of the District Judge of Negombo. The facts appear from the judgment of the Chief Justice.

Croos Da Brera, for plaintiff, appellant.

November 3, 1927. FISHER C.J.-

In this case the plaintiff-appellant is the father of the defendant respondent who is sixteen and a half years old. The appellant, who is a carter and according to the evidence a very poor man, took a ticket in a sweeps oaken for which he paid Rs. 2. On being asked " in whose name the ticket was to be bought " he gave the name of his son, the respondent. The owner of the ticket became entitled to receive the sum of Rs. 12,695.25.

On the appellant going to draw the money the persons whose duty it was to pay it came to know that the name given by the appellant was that of a minor. They declined to pay it to the appellant and paid it int