Phony Benoni: The finish of the game, as descried by Steinitz on page 33 of the tournament book:<"Mr. Judd stated afterward that he played the greater part of this ending in reliance on his having the legal right of claiming a draw if he could only extend the game to fifty moves after he had claimed the count without being mated."> Judd had made this claim with his 46th move.
<"Having accomplished his object he refused to go on with the game, which he might have done under protest without damaging his rights. But his interpretation of the rule was not sustained on appeal, and Mr. Judd was also adjudged to have forfeited the game on the ground that he did not abide by the decision of the umpire to proceed with the game.">
Now, you may be laughing at poor Judd. There were many pawn moves and captures in the sequence from 46-96, so of course it's not a 50-move-rule draw.
Ah, but this is 1889. They were using the rules of play from the Fifth American Chess Congress in 1880. Here is the applicable rule from that tournament book, p. 167-168:
<"COUNTING FIFTY MOVES
"If, at any period during a game, either player persist in repeating a particular check, or series of checks, or persist in repeating any particular line of play which does not advance the game, or if 'a game-ending' be of doubtful character as to its being a win or a draw, or if a win be possible, but the skill to force a game questionable, then either player may demand judgment of the Umpire as to its being a proper game to be determined as drawn at the end of fifty additional moves, on each side; or the question: 'is, or is not the game a draw?' may be, by mutual consent of the players, submitted to the Umpire at any time. The decision of the Umpire, in either case, to be final.
"And whenever fifty moves are demanded and accorded, the party demanding it may, when the fifty moves had been made, claim the right to go on with the game, and thereupon the other party may claim the fifty move rule, at the end of which, unless mate be effected, the game shall be declared a draw.">
Now Max Judd, among other things, was a diplomat--but I can understand how even he got confused.