Pierce v. Randolph
Texas Supreme Court
Error from Smith. This was an action on a note under seal, given as a forfeit in the event of a failure to run a horse race.
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Error from Smith. This was an action on a note under seal, given as a forfeit in the event of a failure to run a horse race. It was dated the 26th June, 1851. This note was given in conformity with an agreement entered into on the same day, between John Randolph, one of the appellees, and James Moore, one of the appellants, to run a horse race at or near Canton, on the 23rd day of August, 1851, for a wager of three hundred dollars, payable in good mercantile property, and declaring that they had executed and delivered, as a forfeit, to the stake holder, their notes respectively for the sum of…
1Opinion of the Court
Hemphill, Ch. J.
The first error is as to sustaining the plea that the note was given for an illegal object, and one which was immoral in its tendency and contrary to public policy, and in connection with this, we will consider the first branch of the charge of the Court, to the effect, that if the jury believe that the note was given as a forfeit on the running of a horse race, and that such races are immoral in their tendency and tend to breaches of the peace, then the note is based on an illegal consideration, and the plaintiffs are not entitled to recover.
*295It requires no discussion to show…
2Cases cited4 opinions
- McElroy v. CarmichaelTexas Supreme Court · 1851
- Kirkland v. RandonTexas Supreme Court · 1852
- Dunman v. StrotherTexas Supreme Court · 1846
- Crump v. SecrestTexas Supreme Court · 1852
3Cited by9 opinions
- Hood v. LeggSupreme Court of Georgia · 1925
- Smith v. DuBoseSupreme Court of Georgia · 1887
- Reyes v. Storage & Processors, Inc., Texas Court of Appeals, 4th District (San Antonio)1999
- Spangenberg v. SpangenbergCalifornia Court of Appeal · 1912
- All Texas Racing Ass'n v. State Ex Rel. ShookCourt of Appeals of Texas · 1935
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