Porter v. Day
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Olmre County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was brought to recover a purse offered by the defendants, as the president, secretary, treasurer, and manager of the Eau Claire Driving Park Association, an unincorporated society.
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APPEAL from the Circuit Court for Eau Olmre County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was brought to recover a purse offered by the defendants, as the president, secretary, treasurer, and manager of the Eau Claire Driving Park Association, an unincorporated society. The material allegations of the complaint are the following: “ That the said defendants, on or about the 22d day of September, 1885, promised the said plaintiff to pay the said plaintiff on the 24th day of September, 1885, the sum of §150, in consideration…
1Opinion of the CourtTayloR, J.
There were but two questions discussed by the learned counsel on the hearing of this appeal, viz.: (1) "Was the contract set out in the complaint an illegal contract and void either at common law or under the statutes of this state? (2) Was there sufficient evidence of fraud on the part of the plaintiff to avoid the decision of the judges in his favor at the time the race was completed ?
That the mere trotting or racing of horses, when done in a proper manner and not in the public streets or highways, is not an illegal act at common law, is well settled by the authorities, and it is equally…
2Cases cited9 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Bunn v. RikerNew York Supreme Court · 1809
- Gibbons v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1845
- Misner v. KnappOregon Supreme Court · 1885
- Alvord v. SmithIndiana Supreme Court · 1878
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3Cited by9 opinions
- Las Vegas Hacienda, Inc. v. GibsonNevada Supreme Court · 1961
- Union National Bank v. WinsorSupreme Court of Minnesota · 1907
- Chenard v. Marcel MotorsSupreme Judicial Court of Maine · 1978
- Toomey v. PenwellMontana Supreme Court · 1926
- Dane County v. McGrewWisconsin Supreme Court · 2005
4 more not listed; retrieve them via the Exa API.