Mosher v. Griffin
Illinois Supreme Court
Appeal from the County Court of La Salle county; the Hon. P. K. Leland, Judge, presiding. This was an action brought to recover for services rendered in training a horse for a race, and for money laid out and expended for the shoeing and feed of 'such horse while under training. On the trial the jury found for the defendant, and the court rendered judgment upon the verdict. The plaintiff appeals.
1Opinion of the CourtChief Justice Breese
We are of opinion, the county court decided properly in disallowing the claim of plaintiff, for fitting the mare of defendants for a race on which money was bet, though the race was not run. The fitting the mare—training her, we suppose, was for the purpose of gaming, which this court has held a horse race to be. Tatman v. Strader, 23 Ill. 494.
The claim, however, for shoeing the mare, was not necessarily a part of a gaming transaction, nor was the board of the mare at Mendota, for, whether the mare ran the race or not, it was necessary she should be fed and shod.
For these items the plaintiff…
2Cited by17 opinions
- People v. WeithoffMichigan Supreme Court · 1883
- Shaffner v. PinchbackIllinois Supreme Court · 1890
- Swigart v. PeopleIllinois Supreme Court · 1895
- Storz & Iler v. FinklesteinNebraska Supreme Court · 1895
- Minnesota Lumber Co. v. Whitebreast Coal Co.Appellate Court of Illinois · 1894
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