Jernigan v. Wainer
Texas Supreme Court
Appeal from Panola. Action by Wainer against Wm. A. Jernigan, Ephraim Root and one Albright, for a fraudulent combination and conspiracy to defraud him in the running of a horse race; amount bet $1000, in cash, notes and other property ; damages laid at $5000 ; race was run in March, 1850; verdict and judgment, December, 1853, for $1480. There was no service on Albright, and before going into the trial, plaintiff dismissed as to him. The betting was between Root and Wainer.
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Appeal from Panola. Action by Wainer against Wm. A. Jernigan, Ephraim Root and one Albright, for a fraudulent combination and conspiracy to defraud him in the running of a horse race; amount bet $1000, in cash, notes and other property ; damages laid at $5000 ; race was run in March, 1850; verdict and judgment, December, 1853, for $1480. There was no service on Albright, and before going into the trial, plaintiff dismissed as to him. The betting was between Root and Wainer. The horses belonged to Root and Albright respectively. Jernigan held the stakes. The evidence showed that there was a…
1Opinion of the CourtWheeler, J.
The principal question in the case is whether *193there was evidence sufficient to warrant the verdict, as to the defendant Jernigan. That a gross and flagrant fraud and outrage was practiced upon the plaintiff, there can be no question. That there was a combination and conspiracy to cheat, defraud and deprive him of his property is placed by the evidence beyond a doubt. The defendant Root was a principal conspirator. Albright must have been a participant; and the evidence leaves little room to doubt that the appellant was also a participant, and as deeply implicated in the fraud as either of his…
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