Magistrate’s Court.

Cromwell Argus, Volume LXIII, Issue 3251, 20 February 1933, Page 5

Magistrate’s Court.

G. Henderson v \V. G. Patterson: —The plaintiff claimed possession of a tour-year-old brown mare or as an

alternative the sum of ,£SO. Also that a partnership in a yearling “Between plaintiff and defendant be dissolved and that the colt ho sold by auction and the proceeds divided between the parties. Defendant counterclaimed that the four-year marc was deemed partnership property and that the plaintiff be adjudged to pay the defendant £SO as for handling, breaking, gavtmg t and grazing brown marc. Also that a partnership regarding the colt he dissolved and 1 the accounts bo taken by the Court and the affairs of the partnership wound up. ATI witnesses were ordered out of the court.

Mr Parcel! appeared for the plaintiff and Mr Harlow for the defendant. George i lenderson said that for years past lie had kT Dolly Houi out In different persons to train. Mr Paterson knew this and asked fofr a turn. Two or three years ago Dolly llnui was in foal to Coldstream Beilis. Mr Paterson met him at Mr Johnston’s place at Luggate to take! the marc. The deal was that Paterson would rear the foal free of charge, train Dolly Houi the next year, and give hfim a, quarter of the stakes. Paterson took the mare away that day. He went up to see the foal some months after and, Mr Paterson reckoned to send the mare away to another horse and offered to pay all expenses for a full half share, ot the loal. Tie thought that was too good an offer on Mr Paterson’s part and said he would par half tho stud tees which he did. The mare was sent to Silk Thread and came back to him. He then went to see Paterson if he had enough feed and a.s he had the mare was taken back to Paterson. The mare foaled a colt foal and it has hejen there ever since and was now about a year old. Dolly Houi’s first loal, the brown mare, was still at Patersons. Sbe was being hacked about. He 'vent to Paterson for a horse thinking lie would get his own but Paterson lent him one of his. He had this horse for some months and then Paterson wanted it hack and lent him another man”s horse but it was no good and he sent it home and asked for his own mare for a week or two to finish his block. Paterson told him to take the mare as she was the biggest slug he had ever . had on his til ace and was absolutely useless. His mare was not in good

condition when he took her away but when he had her hack for four months he get her in good condition. Mr Paterson then offered him a. good job rabbiting and he went back taking the mare with him. He was there for about three weeks, lie then hadj a dispute over Paterson giving Dolly Houi to a rabibter when he considered Paterson should have given the mare to him. The mare was fairly old and. had always been treated by him as a pet. Paterson told him to get off tho place and take the mare. He understood he was taking the brown mare and Dolly Houi but when he was leaving Paterson came and took the "bridle off the brown marc and dared him to touch her. Cross-examined, he said Paterson and be were very good friends for ai long time. Always thought he was a good man with horses. At Hawea races he met Mr Paterson and made the deal, hut at that time the mare was leased to Haig. The mare was in foal to Coldstream Bells and was running at l.owhnrn. When he madi arrangements with Paterson the mare was at Johnston’s at l.uggate for two days*. He had arranged to take her half way. Had spoken of the arrangements before taking the mare to I.upjgate. The first foal, the brown mare, was foaled at Patersons. Paterson broke the brown mare into saddle and harness. Paterson also gaited her. The brown mare was if! months to two years old when he first asked for it. Had never heard Paterson saying tTiat the mare was' too sluggish and that they should not race her that year. iVievor discussed registration at ail. W hen it was arranged to send Dolly Tlo.ii to another horse the brown maro was f) months old. Dolly Houi was sent to Christchurch to Author DilVm but did not prove in foal and was kept m Christchurch from sth September, 1 ()2(). to (>th February, IQ3I, and next season was put in foal to Silk Thread. The stud fee was 20 guineas. He had paid /Ho and a further three pounds to pad some debt owing. Ho told Paterson ho could only spare the three pounds. If he hail had the money he would have paid more of the expenses. Ho would have paid half the expenses d lie had it.

Re-examined, he said ho was going to gave the brown mare to Mr Rowe to train. She was looked upon as a well-bred and likelv racing proposition. Paterson had not at any time told him of tlie payments he was ma king. Robert lolniston said that he recollected Henderson and Paterson making an arrangement about a horse. This was made in his nresence at I.uggate. The arrangement was that Paterson take Dolly Houi rear the foal free of charge, and train the many next season. Paterson removed Dolly Houi that day. Cross-examined lie stated that fn» know Henderson was coming with \*ie mare and Henderson told him Paterson was coming down for the mare. Did not remember any discussion about breeding from the mare. Was not very interested and did not take much notice of (hc> discussion. From the time of the arrangements in front of his house mifil seme six weeks ago he had not discussed the matter with Henderson. Had not thought about it for four years, W. P. Kitto said that for a long time he worked for Paterson. Remembered Henderson taking his brown mare. Paterson said when handing the mare oyer that she was a.slug and that he could take her invav, Did not hear any mention of paying half e\-< penses. Paterson had trained thei brown mare for a while.

Cross-examined.- lie said ho had a disagreement with Paterson and ho left hut was not sacked. The mars was not "roomed or covered only in the winter. Had not said he would

Cot his own hark on Paterson. \V. Paterson stated that about the end of October, 1028, at the TTawea races he met Henderson there and d,iseussed the possibilities of Dolly TTonl ns a brood mare. Henderson was in a difficult position as he was paying grazing on his more. Titov came to terms and he was to take the mare, attend to the foaling - , graze the mare, and get 7 1 a 1 f interest in the foal. The v

then discussed sending Dolly Houi to tlie best horse in Christchurch. He (Paterson) was to decide which horso t<i send the mure to and were to be iialt shares in the expenses and it was, *elt to Henderson to decide whether he would have the first foal and he tjhe next or whether they* would go half share in each. He was to meet Hen-

deison at »lohnston’s house at Luggate and take delivery of the mare. There was a casual discussion at Luggate and he could not say definitely "hat took place. He took tiie mare solely to breed from as she was an impossible racing proposition, having* a had foreleg and further was on the worst mark of any herse on the gold-) fields. After the foaling to Goldstream Bells he kept the mare eiud loal until the end of August, and thjen sf,|,t her to Christchurch. Henderson had been on the place previously to see the filly and thev discussed sending the old mare to Christchurch. He hiade payments to 1. R. McKenzie for service to Author Diilou and grazing and then paid railage back to Cromwell where Henderson took delivery of her. The brown mare was bit on his property grazing. He out in a week handling her and in the winter covered and fed her all winter. In the following spring he and his man gaited I the mare. The mare was then broken into saddle and harness. He trained the mare while he was training his own marc. Had had quite a number ol horses racing previously and wen and been placed in quite a number oP races, .- ‘ter he had trained the marc ! for four months he decided she had speed but was sluggish and thought she would lie better with another year be! ore spending any more money on her. Told Henderson this and she was just hacked about. Henderson wanted to borrow a horse and he lent hiiu one of his but he was dissatisfied | and he lent him another, one of Kil- , 'tpX who was working for him. Heuj'derson was still dissatisfied and asked lor the brown mare for a fortnight, and he lent it. Henderson kept Ine mare until October when fie came to work on his property and brought the mare back. Henderson never ever complained of the mare’s condition. Alter he had been there some time they had a dispute and Henderson went away and took Doilv Houi and wanted to take the brown mare but he refused until the matter was properly settled. In the winter of 1031, Henderson came to his place and stayed the week-end and they discussed the possibility of racing this mare. Henderson stated That he was on a real good claim and he would always pay his share of the expenses of the horses. The same week-end they discussed registration and Henderson said it could he registered in his (Paterson’s) name but he did not consider this fair and in any cast* there was no immediate hurry as the mare was not ready to race.

Henderson sent him £lO from Arrowtown. He had written and asked him tor his 'share of the expenses. As time went on he always promised to pay. He later sent him £3 as that was all he could afford.

Cross-examined, he said that ai Hawea rages they discussed the matter thoroughly. Recollected getting a letter demanding the return of the brown mare. Thought she was worth about) £3O. Coldstream Bells fillies were recognised as not being good racing propositions. “What about Jolly Pet.” asked counsel ? “'Mention another,” replied witness. He would have been satisfied if Henderson had Vaken the Silk Thread foal and paid 'nalfl the expense. Considered the Volk Thread colt was a valuable colt. 'Henderson had discussed tho same arrangement with another man but this man refused to accept the same comb-* tuns. He had never spared himself in looking after the horse and foals cn *iiis own or Henderson's behalf. Tho Magistrate reserved Ins decision.