New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-07
rny,pn coRRJGAN GAINS \ POINT.
PROGRESS OF HIS SUIT AGAINST TIE OoNEi
ISLAND JOCKEY CLUB


PROGRESS OF Ills SUIT AGAINST TIE ooNEi
ISLAND JOCKEY CLUB.
Edward (.orr,gan has won an unlmportan point IN h''
sut AGAINST the C0ney Island Jockey Clup' i'c '
grew out Of the refusal Of the club TO allow Cofrea
horsa IIpron 10 run in the Futurity race last year
After fine refusal Of the club TO allow the horse 10 '
mart Corr,Qnn secured a mandatlve nInh'uoh i'o"
Judge McAdan, in the superior Court en'o'",''e ,,
club from preventing tho horse from rui'"e' -.
horse did run, and came In second, Du' he WOO -
recognized rs the winner OF second money i"o -
with the Board OF Control passed resolution o"n''
Corrican's horses out entirely Ia the future III any u
the races run on the tracks under the SupetVS'o" VI
the Board OF Control Then Corrgnn Droneht 0.
ond suit 10 require the Coney Island Jockey O"o ~
rcscind the resolution which IT had passed ana " u,
It's influence In having the Board oi Coh'io' ~,
the resolution which 1t had passed 10 thiS sun Wv
Attendants demurrcd and Judge GllderScevc III INC
Supertor Court, has ovcrrulcd the dcmurrer anu 81
ON intcrlocuory judgment for Cor1Ghh' Inc u'iema
onts can como In and answer, however, by paying
costs. ,... ors
In unfolding the demurrer Judge GlldersccVe says
a." As We have already intimated we believe VIC "'e "''
posing of the demurrer herein upon qoe7"o" ~ =,
originally contemplated by the pleaderS anu "'"'' "
NOT n.ccssarv any part OF the Plaintiffs complaint LOT
the purpose OF establishing his right to the ciu'oo
relief he seeks We hold the demurrer 10 he ins"oc'
for tho reason that the complaint presents ce'i
couse OF action TO recover the amount o INC Sc'"h
money in the Futury race Of 1891. We dcc'uo 'o,"
Ing more Under the peadings as they s'anu i'u ~.
caSe as presented. cOnsidc" II best lot INC "'''
of NIL parties since have determined 'n"' "'0 "
,or ,ust ne oyerrulcd for the reason stated not
TO cNprcss any opinion on the merits Oh 'no p
claim 10 equitable relief. The qucshoh ca" W -,
and more satisfactorily passed upon on QUIET vi i"
headings The plaintiff Is entitled 10 ih''Tio'"'",'
t,dgmcnt with the liberty of the defendant 10 WIFI
draw his demurrer and further plead on payment VI
500 costs the trial fee Of an Issue of law
Mr.. Iiummcl Of the firm Of Howe Il Ii"'nme'' Ut
torneys for Mr. Corrigan. said aftcrwaM 10 ii'"""
rcporter "This is great victory. Inc IIihe VI
=, demurrer by the defendant made them hcceH'nr'h
admit, rho facts In the demurrer they contend that
though the parts were tine vet We had no cane o
action against them Of the form einr"uicu !" ""'
complaint Now Judge Gilderslccvc has ue
d,aod that our view Of the law Is SOUND
That we have cause OF h'u'h' i"'
oourt overrIiled the demurrer and consequently "''
leaves us In possession OF the field, unless we Srv
beaten appeal. II we nr" souhu Oh '"' Ia" w
are certainly solid on the facts
"Wo have BEEN conterding that the Jockey cuo' Dy
virtue OF the privilege accorded II IN the ives Ia"
* n public or qnasi public cOrporh'loh' anu lh'''''
subject TO control by the courts and without power
to discriminate against our client or ANYBODY e'S'
The court bases it, decision mainly on another Phh'
saying The evident Object oi tHe ""'" W. ~ -
the defendant declared a quasi public corporation carry
ing ON business affected with public Interest. ana
IN utilize the equity powers Of this court 10 co'hP'
tle defendant 10 cDnccda 10 hc plalntih the came
privileges, and facilities FOR entering ana racing us
horses rs arc accorded by defendant 10 all np"'aDl'
persons I'm good standing. But at The beginning o'
Die excellent brief OF the learned counsel Tor 'h'
plaintiff he takes the position that The c"hpH'"
presents legal Of action to recover the amount
In he
thcrefore is not demnrrabe We consider THIS PO>iip
imprcgnablc and reached the CONCLUSION mat iOF "i
r;i,ni The dommrrc. must be Overrtcd a,
But this enables MS Ia 60 fOrwad ana NY wy
case ON The facts and we certain that Oh th"s,
fact. The court will hold that there app,r, q case :"
determination against our client which should D'
rcmcdied By mandatory INJUNCTION