¶1The weight to be carried by the plaintiff’s nag being a certain number of pounds, bis rider ought to have been weighed after he came through the poles. The parol testimony'olfered by the plaintiff, of an agreement .not to Weigh out, was properly rejected by the court. The plaintiff was as much bound to lork Parker’s nag, as Parker Ids; and having run hiSjiiag without being locked, and without any fraud on the part of Parker, is not entitled to recover. Therefore the rule for a new trial is made absolute.
5 N.C. 22
Critcher v. Pannell
Supreme Court of North Carolina
Decided December 15, 1804
Supreme Court of North Carolina · decided 1804-12-15
The plaintiff a mV one George Parker, on the 2&th day of December, 179$, by articles under their hands and seals, agreed to run a horse-race, one quarter of a mile, on the first Thursday in May 1800, on Rice’s paths : Parker’s hag to carry one hiñidred and forty-five pounds, and Cr¡teller’s naa; one hundred and thirty pounds; for five hundred dol-0 larsj to be staked on the day of the race, in cash, good pro-pent or bonds ; the nags to be turned thirty feet from the _ •…
Cited by 1 later decisions — most recently July 1802
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1804-12-15
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