Legal Opinion

Moshier v. La Crosse County Agricultural Society

Wisconsin Supreme Court

Decided April 3, 1895PublishedCited by 1 opinion

Appeal from, a judgment of tlie circuit court for La Crosse county: J. M. Moeeow, Circuit judge. The defendant is an agricultural society. It gave a fair in the fall of 1892, at which it offered prizes for a trotting race of horses. It was advertised that the races would be conducted “under rules of American Trottiug Association” The plaintiff, through one J. Y. Palmer, entered two horses for the races. Both won prizes, amounting to $75. It was so decided by the judges.

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Appeal from, a judgment of tlie circuit court for La Crosse county: J. M. Moeeow, Circuit judge. The defendant is an agricultural society. It gave a fair in the fall of 1892, at which it offered prizes for a trotting race of horses. It was advertised that the races would be conducted “under rules of American Trottiug Association” The plaintiff, through one J. Y. Palmer, entered two horses for the races. Both won prizes, amounting to $75. It was so decided by the judges. Protests were made that the horses were owned by Palmer and not by the plaintiff. Palmer was barred by some rule of the…

1Opinion of the CourtNewman, J.

The circuit court instructed .the jury that the contract was “ that the manner of the races, the matters relating to the entries and the ownership of the horses, the make-up and conduct of the races, and the racing should be according to the rules of the American Trotting Association. . . . It is undoubtedly true, under this contract, that Mr. Palmer, being a suspended member, would have no right to enter his own horses for these races. If . . . you find that plaintiff was the owner of these horses, and that they were properly entered, under the contract, in these races, and were entitled, by…

2Cited by1 opinion

  1. Middendorf v. SchreiberMissouri Court of Appeals · 1910

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