Reilly v. Gray
New York Supreme Court
Appeal from special term, Herkimer county. Action by Thomas D. Reilly against Milton 0. Gray. From an in-* terlocutory judgment overruling a demurrer to the complaint, defendant appeals. Reversed.
Read the full summary
Appeal from special term, Herkimer county. Action by Thomas D. Reilly against Milton 0. Gray. From an in-* terlocutory judgment overruling a demurrer to the complaint, defendant appeals. Reversed. The allegations of the complaint are, in substance, as follows: At the times mentioned in the complaint, the Saratoga Racing Association- was a domestic corporation duly organized and incorporated under and pursuant to the laws of this state for the purpose of improving the breed of horses, and it owned and conducted a race track and grounds situated in the county of Saratoga. Between the 15th day…
1Opinion of the CourtMerwin, J.
There is practically no doubt that, as the law stood prior to the passage of chapter 479 of the Laws of 1887, the transactions described in the complaint were unlawful and prohibited, and the money which the plaintiff lost could be recovered of the defendant. It is also quite evident that the legislature, by the act of 1887, intended to legalize pool selling at certain horse races. It was so held in Brennan v. Association, 56 Hun, 188, 9 N. Y. Supp. 220, and that a pool-selling contract could be enforced. Under the allegations of the complaint, we must assume that the pool-selling…
Also in this document: Concurrence.
2Cases cited11 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . GillsonNew York Court of Appeals · 1888
- The People v. . MarxNew York Court of Appeals · 1885
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- People Ex Rel. Carter v. . RiceNew York Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Oneida County Fair Board v. SmylieIdaho Supreme Court · 1963
- People Ex Rel. Lawrence v. . FallonNew York Court of Appeals · 1897
- People v. PostmaCalifornia Court of Appeal · 1945
- People ex rel. Lawrence v. FallonAppellate Division of the Supreme Court of the State of New York · 1896
14 more not listed; retrieve them via the Exa API.