Betting Cases. Ill 



Elinor, by G-ustavus, was not allowed to start. The 

 question whether the bet was to stand or not was 

 submitted to the stewards of the Jockey Club, who 

 referred it to a general meeting, at which it was 

 ultimately decided that the bet was void. 



Kemark : This decision is of great importance ; 

 it rests on the principle that if you can't win you 

 cannot lose, and on the fact that there was no such 

 animal as the Elinor, by Gustavus, described in 

 the Oak Stakes. 



9. A Bet improperly Declared Off. 



Mr. S. claimed to have taken 100 to 5 of Mr. K. 

 in 1827 that Matilda would win the St. Leger. 



The defence was that the bet was so illegibly 

 entered by Mr. K. in his book, that he had written 

 to Mr. S. to know if he had made such a bet, and 

 receiving no answer, had declared the bet off at 

 Doncaster. 



It appeared in evidence that Mr. S. has answered 

 both the letters of Mr. E. to the address given, but 

 that they had been refused and not called for, and 

 returned through the post-office. 



" The stewards of the Jockey Club are of 

 opinion that Mr. S. is entitled to receive the bet of 

 Mr. E." 



