INVOLVED CASE.

Auckland Star, Volume LXVI, Issue 3000, 19 December 1935, Page 16

INVOLVED CASE.

STALLION NIGHT FOX.

CLAIM FOR OWNERSHIP. TREATMENT TOR INJURY. (From Our Own Correspondent.) TE AROHA, Wednesday. A case of interest to sportsmen was heard in the Magistrate's Court this afternoon before Mr. F. 11. Lcvien, S.M. It concerned the stallion Night Fox, by Diacquenod —Lady Bede (half-brotlier to Galilee), who in 1933 was given to G. A. Reid and J. D. Eivett by Mr. E. H. Cucksey, after sustaining a broken bone in the fetlock at Tirau. When taken possession of by Reid and Eivett the horse was in a bad way and there were no signs of a satisfactory recovery. At this time, it was stated, a native of Tui Pa, Tommy McCaskill, expressed a wish to endeavour to effect a cure and Reid made an arrangement with him that he should take the horse for three weeks and if not then cured the animal was to be shot by McCaskill. No cure was effected and Eivett, who was a registered partner with Reid in the ownership of the horse, took the animal to the property of James Johnson at Mangaiti, under an arrangement that in lieu of grazing fees the Johnsons could have the stud services of the horse while on their property.

McCaskill now sued for the possession of the horse, which he claimed had been given him by Eeid. The defence was that in writing Eeid, without the knowledge of Eivett, had signed a paper giving McCaskill permission to endeavour to effect a cure in three weeks and failing that the horse to be shot and buried by McCaskill. At the end of the three weeks McCaskill, it was stated, had done very little, if any, good to the horse and Rivett, finding the animal in very poor condition, took it out to Mangaiti to graze. Finding later that McCaskill was claiming ownership, the Johnsons claimed £20 for grazing fees. Mr. L. Hopkins appeared for McCaskill, Mi - . J. C. Carroll for Eeid and Rivett and Mr. F. Burns for J. and A. Johnson.

In his evidence Rivett stated he took the horse to Mangaiti under an arrangement that if sold later for £10 McCaskill was to receive £2. The horse had not been sold, but was now located in Stratford under lease to P. D. Scown, who had a purchasing clause at £100. Reid had not given the horse to McCaskill, but if a cure had been effected the animal could have been sold for about £10 and McCaskill would have received £2. The latter was satisfied with this arrangement at the time of the horse leaving Tui Pa. When witness went to the Johnsons to get the horse to be forwarded to Stratford they objected to give delivery, on account of McCaskill claiming ownership. They were then threatened with a claim of £140 for the undue detention of Nigl-.t Fox, which had later been taken to Taranaki.

The evidence of G. A. Reid, taken at Stratford, corroborated that of J. Rivett. Night Fox had been registered with the Racing Conference in the names of the Reid-Rivett partnership. Grazing fees should not have been claimed by J. Y. A. Johnson, as they had had the stud services of Night Fox, as arranged, for their mares. In reply to Mr. Burns, Rivett said that although a partner, he was not a party to the arrangement with McCaskill, which, however, only gave the latter three weeks in which to effect a cure. A. Johnson, farmer at Mangaiti, gave evidence relative to Night Fox being sent out to graze on the farm. They had not used the horse for any of their own mares. Corroborative evidence was given by James Johnson. In reply to Mr. Carroll, he said he had informed Rivett he would have the horse if he paid the grazing fees. He had asked Mr. Scown, of Stratford, what would be a fair amount for service fees. T. McCaskill gave evidence to .the effect that in March, 1933, the horse was very much crippled with a foreleg injury. Reid said he could have the horse if he would get him right, but after a few weeks it was sent out to Johnson's farm at Mangaiti. While in his charge the horse's leg got very much better, and later the animal was sent to Taranaki. He considered he had treated the horse successfully, as he had made* poultices from herbs, and applied them three times a day.

In the grazing fees claim decision -was reserved, Mr. Carroll being given time to produce legal evidence to rebut a point raised by Mr. Burns.

In the case for ownership possession McGaskill was nonsuited.