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BETTOR AWARDED DECISION IN CASE OF TORN MUTUEL TICKET TICKETNEW NEW YORK N Y May 26 Appellate term of the Brooklyn Supreme Court has handed down a decision in favor of a bet ¬ tor who sought to recover on a destroyed mutuel ticket the first legal test on this point in the State of New York On May 7 1940 Alfred Giordano of 7224 Colonial road Brooklyn bought two 10 straight tickets on Buena Oro running in the sev ¬ enth race at Jamaica The horse finished third and Giordano destroyed Ijis tickets ticketsLater Later he discovered he had a winning bet when the first and second horses were set back for fouling but when he presented the tickets lor payment he was turned down Giordano brought suit in the Municipal Court in Brooklyn before Justice Harold McLaughlin and won a judgment of 104 the value of the torn tickets the court hold ¬ ing that he had proven satisfactorily his claim of having purchased the tickets ticketsThe The Metropolitan Jockey Club operator of the Jamaica race track appealed the case to the Appellate term with Attorney General John J Bennet Jr intervening as amicus curiae The tribunal affirmed the lower courts judgment
