SUPREME COURT.

Auckland Star, Volume XXV, Issue 223, 18 September 1894, Page 5

SUPREME COURT.

YESTERDAY.

CIVIL SITTINGS.

(Before His.Honor Mr Justice Conolly.) ' THE ST. KILDA CASE.

TiLspN Smith'v. Adam Enoch Byers.— This was a claim to obtain dissolution of partherahip, and an order for the taking of accounts in connection with the racehorso St. Kilda.—Mr F. E. Baume appeared for the plaintiff and Mr Theo. Cooper for the defence.—After we went to press Mr Baume opened hia case, the defendant's statement having in this instance been taken first.—Tilson Smith deposed he was in partnership with Mr Byers in bhe horse St. Kilda, aboub the middle of March, 1893. "Having heard of an offer of £200 for the horse, he went to see Byers in November or December last, to get an offer for his own half share. He said he was willing to bake £100 for his half share. Byers'said, " Oh, uot half of that; considering what you have made out bhe horse, I think you ought to let rae have him for £35." Witness declined to sell at that price. He afterwords handed over'his half share in St. Kilda to"Mr Lyell, who had gone guarantee fqr.him to.the'bank for £100. On the 12bh of May, witness was indebted to Byers about £20. 'He suggested witneß- should give him a sale note for " a .small amount, which would prevent anyone else stepping in. Witness agreed to,do anything that would tend to their conjoint interest. On the; 17th of May, Lyell and Byers came to witness's shop, where ib was agreed bhat witness should give Byers a sole note for £40, Lyell ,tb endorse, and Byers to credit Lyell for'bhab sum. Having implicib confidence in Byers witness signed thedbcument(pu't in) which wastothafceffect. Wibness never owed Lyell any money in actual cash. Witness gave an 1.0. U. to Lyell for £60, which Byers endorsed. Thab was in consideration of Lyell's guarantee. Ab thab time witness valued.St. Kilda ab £300. On the 26th of June witness gob a cheque from Mi* Byers for £25. The horse had won £114 ab Takapuna, ot which witness's sharo was £57, Witness did nob get that money, as he understood thab the winnings were mortgaged to Lysll. In June St. Kilda .won £47 l^Os, of which witnesses' share was £23 some odd shillings. Thab was the occasion when' witness got the cheque for £25. Witness had asked for a statement of accounts from Byers, but had not received it, but Byers afterwards said witness owed him £14 ss, and was oub of the horse altogether. Byera told witness thab ho had £500 offered for the horse, bub would nob take less than £1,000. Witness paid the stable rent from July lsb, 1893, to August 4th, 1894. That was to go towards hia sharo of the training expense? of the'horse, which were£l per week.—Examined by Mr Cooper, witness said that on the. 17th of May Mr Lyell gave up his righb in Sb. Kilda," the consideration being that Byers credited Lyell with £40 and backed tho 1.0. U. for £60. Thab was nob inbendod bo be a sale. He knew what bhe words " I have' Bold " meanb when he had written bhem himself. My Lyoll witnessed the document as a bogus transaction. Mr Lyell lived with witness. He believed .the accounts for rent wero sent direct to him by Mr White. —His Honor : " What was the good of the boeus sale."—Witnoss ■ " Byers held receipts showing on bhe face of ib bhab I had sold out, so thab no one could say to me bhat I was the owner of a racehorse."— His Honor: " The propoeal came from Byers, not you."—Witness : " 1 agreed to ib."—Further hearing was adjourned until tbis morning.