Hunter v. Parker's Executors

Decided July 5, 1802

Superior Court of North Carolina · decided 1802-07-05

.*?, ÜTÍQN to recover money won on a race. It was proved 0» the part of the plaintiff, that the defendant agreed to run a certain horse, to carry weight for age,, to run at certain paths, on, 3 certain day- That then the plaintiff remarked something fu'-'.hvr was to be done 5 the plaintiff understanding film, said “ I will give bond and security for the money, in cace you xvin it.

Decided 1802-07-05

M’Cay, Judge.

¶1 The plaintiff cannot recover, owing to the circumstance of his not appearing by 10 o’clock to give the bond and surety he had agreed to give.

¶2 Verdict for the defendant.

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Case posture

Posture: ACTION to recover money won on a race. It was proved on the part of the plaintiff that the defendant agreed to run a certain horse, to carry weight for age, to run at certain paths on a certain day; that then the plaintiff remarked something further was to be done; the plaintiff understood him, said I will give bond and security for the money in case you win it. It was then agreed that they should meet the next morning and give bonds and sureties at a certain place by 10 o'clock in the forenoon: the defendant proved he met at the place with his surety before 10 o'clock and stayed till 10, and then declared himself off the contract, the other not having appeared by 10 o'clock. Gentlemen of the turf, and of known experience, were examined (179) whether, according to the rules of racing, the plaintiff failing to appear, ready to give bonds and sureties by the time appointed, put it in the power of the other to declare himself off. They affirmed that it did. It was proved that the plaintiff had run his horse over the ground at the paths agreed on on the day appointed for the race.

Source: CourtListener

Court

Superior Court of North Carolina