Mendoza v. Rose
Appellate Terms of the Supreme Court of New York
Appeal taken by the plaintiff-appellant from a judgment rendered in the Municipal Court of the city of New York, sixth district, borough of Manhattan, dismissing the plaintiff’s complaint upon the defendant’s motion.
1Opinion of the CourtScott, J.
The plaintiff, having bet $100 upon a horse racé and lost, sues to recover back his money. His action was dismissed upon the ground that it was to recover a penalty or forfeiture imposed by statute and, therefore, under section 983 of the Code of Civil Procedure, should have been brought in Kings county, wherein the cause of action arose. This disposition of the case was made upon the theory that, the plaintiff’s only right to recover was to be found in section 17 of chapter 570 of the Laws of 1895, commonly known as the Percy-Gray Racing Law, which imposes upon a person, mailing or recording…
2Cases cited3 opinions
- Meech v. . StonerNew York Court of Appeals · 1859
- People Ex Rel. Sturgis v. . FallonNew York Court of Appeals · 1897
- Weyburn v. WhiteNew York Supreme Court · 1856
3Cited by3 opinions
- Mendoza v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
- Gormley v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1907
- Mendoza v. SteimerAppellate Terms of the Supreme Court of New York · 1905