SUPREME COURT.

Auckland Star, Volume XXV, Issue 222, 17 September 1894, Page 4

SUPREME COURT.

THIS DAY.

CIVIL SITTINGS.

(Before His Honor Mr Justice Conolly.) \

WITHOUT JURY,

Tilson Smitu v. Adam. Enoch. Bykrs.— Thiß was an action brought for dissolution of partnership and taking of accounts connected with tho racehorse St. Kilda.—Mr Theo. Cooper appeared for the defendant, and Mr F. E. Baume for the plaintiff,— Tbe case was set down bo be tried with a jury of four, bub, after argumenb' by counsel," His Honor decided to take the case without a jury.—Mr Cooper abated that the dispute had arisen over a certain racehorse named St. Kilda, The parties to the spit had been in partnership in connection with theowning, retaining and racingof the horse. Through various reasons, it was alleged in the statement of claim, it had become impossible;to carry on the partnership, and a diaeolution was therefore claimed by the plaintiff. The facts were, Mr Cooper said, that Mr Byers should have the right to purchase the racehorse St. Kilda for £50,^ when the two parties went into ship. Early in July,-1893, the parties meb and adjusted the accounts. In May, 18Q4, the defendant purchased Smith's interest in the' horee for £40, a written contracb being made to thab effect. This was the document bhab'the defence relied on. Smith owed another person £100 at the time, and thi9 person owed Byera a considerable sum, and.it was arranged that this £40 should be taken off Smith's debt, and thab Byers should be security for the balance of Smith's debt, £60.—The defendant deposed to obtaining the horse Sb. Kilda from Pullan and Armitage in March, 1893. the latter firm putting a price of £50 on the animal. Subsequently, witness and Smith became half-owners in the horse.— Smith paid £36 8s in order to come in as half-ownor of the horse. They squared their accounts in July, 1893. In December of that year Smith said he could nob afford to race on shares any longer, and accepted an offer of £35 from defendant for hia share in the horse. This sale, however, did nob take place then. Later-on in the yearib ..was .arranged between them thab witness was to give £40 to a Mr Lyell for Smith's interest in the horse, and »t Smith's request witness was also to go security, to Lyell for £60. He credited" Lyell with £40. Witness was to continue racing the horse, which was now his, till after tbe June meeting, it being arranged that if he were to win defendant) should give plaintiff half the winnings after deducting whab Smith owed and expenses. If the horse did not win witness was not to look to. Smith for any expenses. (Agreement of sale produced.) After this, in May 1894, the horse raced ab Tskapuna.' Witnosß lenb plaintiff £25 subsequently. Afterwards plaintiff asked witness to leb him have hia (plainuff's) half-share of the horse back. Wibness refused. Witness further stated be did not remember Mr Hnlstead offering him £230 for this horse. He did nob tell Mr Byers that Mr Smith had only a racing interest in the horse. He could not swear as to the exact words. The cross-examination of tho firsb withers was still proceeding when we wenb to press.