Wellington v. Monroe Trotting Park Co.
Supreme Judicial Court of Maine
On Report. This was an action brought in the Superior Court for Kennebec County to recover a trotting premium which the plaintiff claimed had been won by his horse “ Combination,” and reported by the presiding justice to the law court. It was not denied that the contract was valid under the Stat. 1891, c. 70, which authorizes competition for such premiums. The case is stated in the opinion.
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On Report. This was an action brought in the Superior Court for Kennebec County to recover a trotting premium which the plaintiff claimed had been won by his horse “ Combination,” and reported by the presiding justice to the law court. It was not denied that the contract was valid under the Stat. 1891, c. 70, which authorizes competition for such premiums. The case is stated in the opinion. (Declaration.) In a plea of the case, for that the said defendant is a corporation, duly incorporated under the laws of the State of Maine, and is the owner and controller of the Monroe Trotting Park…
1Opinion of the CourtSavage, J.
In this case, the plaintiff sues to recover the balance of an unpaid trotting premium, which he alleges his horse won in a horse-race conducted by defendant, July 4, 1894. The defendant claims that the wrong society has been sued; that the plaintiff’s horse did' not win the race and “first money,” but did win “second money”; and that the plaintiff having received the sum of thirty dollars sent to him as “second money” must be deemed to have received it in full settlement of his claim against the corporation conducting the race.
I. The evidence of the plaintiff tends to show that it was the…
2Cited by1 opinion
- Colby v. TarrSupreme Judicial Court of Maine · 1943