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.
Verdict for the defendant.
Hunter v. Parker's executors, 3 N.C. 178, 2 Hayw. 178 (1802)
April 1802
·
North Carolina Superior Court
3 N.C. 178, 2 Hayw. 178
Hunter vs. Parker's executors.
.*?, 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. It \”&<< then agreed that they should meet the next morning and gire bonds and sureties at a certain pia.ee by 10 o’clock in the fo-v-rsooa: the defendant proved he met at the place with his surely fosfore 10 o’clock a*d staid till 10, and then declared himself of *179the contrae?, the other not having appeared by 10 o’clock. Gentlemen of the turf, and of known experience, were examined, whether according to the rules of racing, the plaintiff failing to appear, ready to give bond 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 dry appointed for the race.