Treacy v. Chinn
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. Appellant purchased a horse from respondent for $3,000, $2,750 of which was cash, and the balance of the purchase money ($250) was to be paid one day after the horse purchased developed speed enough to win a race. The purchase of the horse was certainly not illegal.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. Appellant purchased a horse from respondent for $3,000, $2,750 of which was cash, and the balance of the purchase money ($250) was to be paid one day after the horse purchased developed speed enough to win a race. The purchase of the horse was certainly not illegal. The question raised by appellant’s counsel, as to whether or not horse racing may, or may not be illegal or immoral, is not concerned in this case at all, and the fact that other parties may wager on horse racing, can not affect the validity of the…
1Opinion of the CourtBiggs, J.
The plaintiffs sold to defendant a race horse for the sum of three thousand dollars. Of this amount $2,750 was to be paid in cash and a note for $250 was to be given, which was to become due and payable on demand after the horse had won a ráee. The cash payment was made and the note was given, in which the aforesaid condition was expressed. The present action is on the note. The cause was submitted to the court without a jury. The defendant objected to the introduction of any evidence for the alleged reason that the petition did not state facts sufficient to constitute a cause of action. The…
2Cases cited5 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Bick v. SealMissouri Court of Appeals · 1891
- Alvord v. SmithIndiana Supreme Court · 1878
- Peltz v. LongSupreme Court of Missouri · 1867
- Buckingham v. FitchMissouri Court of Appeals · 1885
3Cited by3 opinions
- Wellston Kennel Club v. CastlenSupreme Court of Missouri · 1932
- Comer v. PowellCourt of Appeals of Texas · 1916
- Kurtz v. Lewis Voight & Sons Co.Missouri Court of Appeals · 1901