SUPREME COURT Wrong horse served mare — plaintiff

Press, Volume CXV, Issue 33815, 11 April 1975, Page 11

SUPREME COURT Wrong horse served mare — plaintiff

A dispute over the servicing of the mare Betty Hanover has resulted in the hearing of a claim for damages of 54900 against John Duncan Litten. a stud master of West Melton, which began >n the Supreme Court yesterday before Mr Justice Roper Tie damages are claimed by Bryce Duncan Williamson. a clothing retailer, who alleges that he delivered Betty Hanover to Mr Lilten’s stud to be sen-iced by the stallion ■ Fallacy in September, 1971, but that the mare was handed over to Mr kitten’s son-in-law. Robin David Butt, and was then serviced by Nevele Holiday, a stallion inferior io Fallacy. Mr J. F. Burn appears For Mr Williamson, and Mr I. J. D. Hall for Mr Litten, who denies liability. The case will finish today. In his statement of claim Mr Williamson said that a filly by Fallacy out of Betty Han ver would have had an estimated value of S5OOO, but one by Nevele Holiday would be worth only $lOO. Mr Litten in his statement of defence said that if Bettv Hanover was served by a stallion other than Fallacy, then it was done with the consent or authority of Mr Williamson. After Betty Hanover was delivered to his stud she gave birth to a deformed filly by Local Light. Betty Hanover was then returned to Mr Burt's premises at Greenpark, where Local Light was. By way of compensation for Mr Williamson’s misfortune in getting a deformed foal, and with his knowledge and authority, the mare was served by Nevele Holiday, a sire belonging to Mr Butt which was standing in replacement of Local Light. The plaintiff. Mr Williamson, said in evidence that in July, 1971, he went to Mr Litten’s property at West Melton to pick up a horse. Mr Litten knew that lie owned Bettv Hanover -Mr Litten invited him to bring Betty Hanover to Fallacy. Mr Litten said that Fallacy had produced many winners. Mr Williamson said that the mare would be ready to be serviced in September, and he took her there in that month. At that time she was carrvinff a foal to Local Light. Once the foal was born, the mare was usually serviced about ■nine days later. Mr Litten said that the stud fee would be $4OO pavable in February, after a positive test bv a veterinarian. Mr Williamson said that he told Mr Little that the breeding arrangements were on his behalf and that under no circumstances was the mare to leave the premises. While at West Melton. Mr Williamson said that he saw Mr Butt there, and thought that Air Butt would not be pleased That witness was going to a new studmaster. Mr Butt owned Local Light and the mare was carrying his foal. Witness did not want Mr Butt’s stallions to have anything to do with Betty Hanover. To his Honour, Mr Williamson said that, he had not really had any dealings with Mr Butt, but * Mr Smith, of Timaru had been buying Betty’s Hanovers foals on condition that he nominated the stallion the mare went to. About two weeks later, Mr I Jtten telephoned witness and told him that Betty Hanover had a foal but it had a deformed face. The foal was inspected by experts, and they decided that f he defect could not be corrected and witness gave permission for the foal to be destroyed. Bertv

Hanover remained at West Melton About two weeks later. Mr Williamson said he was told that •The mare was at Mr Butt’s pro- ■ perty at Greenpark. He went ito Mr Litten and asked him where the mare was and he • replied: “It’s a lung story. Mv son-in-law apparently owes somebody a service." Witness said: ■’Mr Butt doesn’t owe me anv thing. I’ve never done any [ business with him in mv life. 11 Mr Litten said: “Look. 1 lust told them to lake the bloody i thing off the place.’’ He did not |.sa> who “thev” were. He was very concerned about the mare. Mr Williamson said, and he told Mr Litten that he could not understand whx he . lei his mare go. He asked, it the mare was in an accident whe < would be responsible. Mr Litten said’ “I've got this [ bad temper. I iust can’t control it." Witness replied: “Well. I’m on my way now. mv lawyer ; will help you to cure it.” Mi •! Litten said: “I, don’t want vou ito start up any business with [legal people. I’ll tell you what. 1 I’ll give you a free service next ■ year if you forget about this. 51 Witness replied: “Next vear is . not this year.” Some months late Fallacy died. Mr Williamson said that he went to Mr Butt’s place and [ asked him for his mare but did not get it. so be saw his ’ solicitor. Two weeks later he was again unsuccessful in getting the liorse and he threatened to call the police. Later. Mr Butt telephoned witness, who then went and col l lected the mare which was hi foal. He did not receive an account lor stud fees either from Mr Butt, or Mr Litten. The mare foaled about 11 months ’ later, but the foal soon died, i Mr Williamson said that he had never authorised Betty Hanover i to be served by Nevele Holladay, and no-one else had autnHoritv to give such permission. When he found that the Local | Light colt was deformed. Mr i Litten did not say that he was ‘entitled to a free return and . | that as Local Light was not ■available it would be by Nevele | Holiday. To his Honour. Mr Williamson ’ said Mr Smith had sent Betty ! Hanover to Mr Butt in previous ' years on the understanding that „ he would take the progeny. He would have paid Mr Butt the 1 service fee and he would have been entitled to a return service because the foal was deformed. Mr Hall said that the defence would plead that there was an agreement to vary the original agreement between Mr Williamson and Mr Litten. That the loss, if any, to Mr Williamson was ; very minor, and that Mr Wil- • liamson acquiesced to the service by Nevele Holiday.

Mr Litten, the defendant, said m ex idence, that after the Local Light foal was burn deformed, iht told Mr Williamson that he; would be entitled to a return. .Service. Mr Butt had previously: I had Local Light on lease, but' that time the lease had been ; terminated. Some time .in September Mr, Butt picked up Betty Hanover. . iMr Williamson had never said, > :as he had stated in evidence, I that witness was not to let the' i horse off his property. After the mare was taken awa\. Mr Williamson called at’ his stud. At no stage then did Mr Williamson express an\ dis- ' agreement about the mare being shifted. He next heard from Mr' Williamson when he received a : letter from his solicitor. 1 Robin David Butt, a stud master, of Greenpark, said that in I : 1970 Betty Hanover came to ■ Local Light, which he had on j ■ lease. Tin arrangements for the I i service were made by Mr R. A. | , Smith, of Timaru. He knew that’ I Mr Williamson owned Betty Han- ■ ' over. ; The next he heard of Betty . [Hanover was when she was at; Mr Litten’s place, when she had a deformed foal. Local Light had i gone back to his own stud and ' his stallion was then Nevele | Holiday. Arrangements had been i made with the owners of Local Light that returns to that horse were to go to Nevele Holiday. After bearing about the death . of the Local Light filly, Mr Butt said that he telephoned -Mr , Smith in Timaru, and he told him io take the mare to Nevele Holiday for a free return.. Mr Williamson agreed. Betty Hanover was taken to Greenpark and was served by Nevele Holidav. Mr Williamsonl j came out and inspected the mare i and had a look at Nevele Holiday I and was quite pleased. He talked ■ about sending mares to him the > following ’. ear. Mr Williamson I never asked for the mare back. ! Mr Williamson told him that he wanted to take Betty Hanover io Palmerston to foal. She was iiested for pregnancy some time iin November ar.d it was negative. so the horse was serviced • again towards the end of X T oI vember. The mare was taken from the property on January 25, 1972, by Mr Williamson, who never made any comment about the mare being serviced by Nevele Holiday. ■; From September. 1971. to January, 1972. neither Mr Williamson r.or anybody else made any attempt to take the horse from the property. Mr Butt said he had chosen Nevele Holiday for his stud because of his breeding and racing performance. He was bred on the same lines as Fallacy. A| Nevele Holidav filly was sold last 1 year for $3700.