GRAZING A HORSE

Evening Post, Volume CXIII, Issue 49, 28 February 1927, Page 7

GRAZING A HORSE

BENZORA FORMS BASIS OF

LITIGATION.

The well-known Taranaki "sprinter Eenzora was the chief topic of discussion and argument in the Supreme Court at New Plymouth on Friday, when, before his Honour the Chief Justice (Sir Charles Skerrelt), .Vatriek Duddy, of Raweno, North Auckland, and his son, Patrick Neil Duddy, proceeded against Messrs. Newton King, Ltd., for the recovery of £359 13s 7d, alleged to be due £o them, as well as interest on the money and costs of the action. The money referred to was part tf the proceeds of the sale of racehorses of which the plaintiffs were part owners. The other owner was Charles Joseph Preston, farmer, of Nor;-.-.anb/, who occupies the position of chairman of the Normanby Town Board. The claim arose as the result of a dispute over the adjustment of accounts when ■ the joinl owners of Benzpra and other racehorses dissolved partnership. It was explained that Newton King, Ltd., were merely the nominal defendants, the real, defendant being Preston. Preston was joined as defendant on the application of Newton King, Ltd. ' , ■ ■ «• The bone-of contention was the graes consumed by Benzora and the other horses during the time that they grazed on Preston s farm at Normanby. Preston considered thai; the grazing should be paid for at the rate of Is a week for a foal in its nrst year, and 5s a week for alt other ani^ mals. Duddy maintained that there had never been any question of paying for the horses grazing on Preston's farm, and, anyway, he had plenty of grass to'graze one ot the horses himself if necessary The Chief Justice held that Preston, in order to succeed in. his counter-claim for grazing fees, must prove some contract on the part of Duddy to pay such fees. As Preston could "not do this, judgment was awarded to Duddy for the full amount claimed with costs on the lowest scale, and witnesses' 'expenses. .

The Imbonic plague killed off one-quar-ter of the world's population in 1348.