Mendoza v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Mendoza, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered on the 6th day of June, 1904, sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff sues to recover the sum of $100 which he bet and lost upon a horse race. It is alleged in the complaint that the bet was made with the defendant and the money delivered to him on the premises or racecourse of the Coney Island Jockey Club, known as the “ Sheepshead Bay Race Track.” It is further alleged that the Coney Island Jockey Club is a “ domestic corporation duly incorporated and existing under the laws of the State of New York,” but there is no allegation that it is incorporated under the act commonly known as the Percy Gray Racing Law (Laws of 1895,…
2Cases cited3 opinions
- Meech v. . StonerNew York Court of Appeals · 1859
- Ruckman v. . PitcherNew York Court of Appeals · 1848
- Mendoza v. RoseAppellate Terms of the Supreme Court of New York · 1904
3Cited by6 opinions
- Stuart v. GrattanAppellate Division of the Supreme Court of the State of New York · 1926
- Galtrof v. LevyCity of New York Municipal Court · 1940
- Thomson v. HayesAppellate Terms of the Supreme Court of New York · 1908
- Wilkenfeld v. Attic ClubNew York Supreme Court · 1911
- Cahill v. GilmanNew York Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.