Corrigan v. Coney Island Jockey Club
The Superior Court of New York City
Motion for a preliminary injunction in an" action by Edward Corrigan against the Coney Island Jockey Club for a mandatory injunction to permit plaintiff’s horse to run in a race for which it had been entered.
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Motion for a preliminary injunction in an" action by Edward Corrigan against the Coney Island Jockey Club for a mandatory injunction to permit plaintiff’s horse to run in a race for which it had been entered. The complaint was as follows : 1. That at all times hereinafter mentioned the plaintiff was, and is, engaged in the business of breeding and running horses for purses and stakes at the different racetracks throughout the United States, and that in the course of the plaintiff’s business he has stables at different race-tracks throughout the United States, at which racetracks the horses…
1Opinion of the CourtMcAdam, J.
The novelty of the application is no argument against it, if it finds solid support in jurisprudence.* At common law, bets or wagers upon a horse race were legal and it required a statute to make them unlawful. This statute prohibited bets and stakes, but was aimed at a race in which the competitors put up the money, and where one had the chance of winning from the other, as in Gibbons v. Gouverneur (1 Den. 170), and did not apply where the stake was put up by an outsider. The payment of entrance fees by the competitors to the racing association, or their incorporation into the stake…
2Cases cited4 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Gibbons v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brennan v. Brighton Beach Racing Ass'nNew York Supreme Court · 1890
- Mahr v. Norwich Fire Insurance SocietyNew York Supreme Court · 1889
3Cited by1 opinion
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917