Holberg v. Westchester Racing Ass'n
New York Supreme Court
1Opinion of the CourtHammer, J.
The plaintiff-respondent has recovered a judgment for damages against the Racing Association, defendant-appellant, in an amount equal to a winner’s share in the pool on the winning horse “ Charlene ”, No. 3 in a race at Belmont Park, New York, on September 21, 1943. The action was tried, submitted to the-jury and decided on the theory of damages for breach of contract. Defendant has appealed and the appeal must be decided on that same theory. Accepting plaintiff’s story he handed the agent in window 181 two $50 bills and requested two tickets on No. 3 but the seller punched out two tickets on…
2Cases cited10 opinions
- Brown v. . the New York Central R.R. Co.New York Court of Appeals · 1870
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
- Barrow Steamship Co. v. Mexican Central Railway Co.New York Court of Appeals · 1892
- Myers v. SmithNew York Supreme Court · 1867
- Allano v. Westchester Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Aguimatang v. California State LotteryCalifornia Court of Appeal · 1991
- Oregon Racing Commission v. Multnomah Kennel ClubOregon Supreme Court · 1966
- Hochberg v. New York City Off-Track Betting Corp.New York Supreme Court · 1973
- State Ex Rel. Marsh v. Nebraska State Board of AgricultureNebraska Supreme Court · 1984
- Register v. Oaklawn Jockey Club, Inc.Supreme Court of Arkansas · 1991
21 more not listed; retrieve them via the Exa API.