CROUPIER CASE.

Auckland Star, Volume LXIII, Issue 224, 21 September 1932, Page 9

CROUPIER CASE.

OWNERSHIP DISPUTE. APPEAL BY .T. J. CORRY. AGAINST AUCKLAND JUDGMENT. (By Telegraph.—Press Association.) WELLINGTON, this day. A case of considerable interest to the racing community came before the Court of Appeal to-day in the appeal of John Joseph Corry, merchant, of Blenheim, from the judgment of Mr. Justice Herdman, delivered in Auckland last. May, in the action brought by hini against John Paterson and James Paterson, merchants, of Auckland.

Following its running in the Stead Gold Cup at Riccarton on the concluding day of the New Zealand Cup meeting in.November, the racehorse Croupier was seized as. it was leaving the course and taken to Auckland. The horse was seized on behalf of the Paterson brothers, who alleged they were its owners. Corry, in whose name the horse had been racing, subsequently issued a writ in .the Supremo Court against the Patcrsons, alleging that, he and they were partners in the ownership of the horse and in its racing, in the proportion of one-half to Corry and one-quarter to each of the Patersons.

The action was heard at Auckland in April, and Mr. Justice Herdman, after hearing much conflicting evidence, both verbal and written, held that the Patersons were the owners of the horse, and that Corry was not, as owner, entitled to any share or interest in the horse. He found, however, that Corry and the Patersons were partners in the running of the horse in the following shares, Corry 50 per cent, and the Patersons 25 per cent each. He decreed the dissolution of the partnership, and that accounts be taken by the registrar of the partnership's dealings. Corry is now appealing from that decision. Additional Documents. Counsel for appellant moved for leave to read and adduce in evidence: (1) Notice of change of ownership of a half share in Croupier from Corry to Patersons, aild (2) the form of registration of their joint interests in the horse. These documents had not been produced at' the previous hearing in the lower Court at Auckland, but since that hearing had been discovered by the secretary of the Racing Conference amongst records of the conference. • Counsel for the respondents resisted the application, but the Court thought they should be admitted, and they were placed before the Court., Counsel for appellant submitted Corry was entitled to claim a half share in the horse by reason of the gift to him by Patcrsons when he first received the horse, and also by reason of further arrangements which took place between the parties in August of the following year. _ Askefl to Take Colt. Patersons, said counsel, were selling their stable of horses in January, 1930. Croupier was then a young colt and was riot disposed of. Corry was asked by Patersons to take the colt &nd do what he liked with him. He took it to Blenheim, and for eighteen months trained and prepared it at his own expense. Corry always contended if the colt proved to be of any value lie would give back to Patersons a share in it. When the colt turned out a success Patcrsons denied Corry's ownership in the horse and claimed it for their own. Correspondence passed between the parties, and in August, 1931, a 'change of half interest in the horse from Corry to Patersons was registered with the racing authorities. At that time the horse had not won any race of any great distinction. When Corry first received the horse jt was of very little value as the breeding was not popular. /Proceeding.)