SHARE IN RACEHORSE

Evening Post, Volume CXIV, Issue 130, 29 November 1932, Page 9

SHARE IN RACEHORSE

SUPREIWE-COURT-CASE

WAS AN" AGREEMENT

SIGNED?'

(By Telegraph.—Press Association.)

CHKISTOHUBCH, This. Day.

Whether William George • Deyell agreed to give F. A. Neale a half-share in. Ked Shadow; a well-known trotting horse (which, half-share Neale • transferred to John Grieve, an engineer) was the main question involved in an action in the Supreme Court this morning. The plaintiff .was Emily Frances Grieve, widow of John Grieve, who died.last August, and the defendant was •'William. George Deyell. Mr. Justice Ostler was on the Bench. Mr. Johnston appeared. for the plaintiff, and Mr. Donnelly for the defendant. At the conclusion.of Mr. Johnston's opening statement his . Honour remarked:—" The: contest appears to- be within the narrow limits of whether Deyell signed an agreement with F, A Neale?" ■ . -. .... Mr. Johnston: Yes. . His Honour: Then there is going to be some hard swearing on one aide or the other? ' Mr. Johnston: Yes, sir. Frederick Ashley Neale said that he and Deyell bought Bed Shadow from James Bryco in May, 1930. After the Sapling Stakes witness wanted i.O surrender the horse, but DeyelT would not agree, and at DeyeU's -suggestion he gave him an' option over the horse. Bryce failed to. accept with- the' horse for the New Zealand. Trotting Derby, and witness and Deyell asked for a reduction in. the purchase price in consequence. Bryce agreed to reduce the price by £500, provided he got the training of the horse for its racing career, and provided-also that if the horse won £100 or more .in stakes the £500 reduction.should be only £200. On two occasions witness lent Deyell money—'one sum of £40 and another of £30. Witness and Deyell had also owned Deceitful, and in connection with that Deyell owed witness £150. Bed Shadow- won. the Northern-Derby, and witness then tried to get a settlement with Deyell over Deceitful.. Deyell considered he should not pay, :as Deceitful had not won,, his contention being .that- unless- the horse won-he should not- pay. ' They had expected that it would win. . ■ ■'. .

Mr. Johnston: "Why? -Witness: "Well, it was handicapped) at 4min 59sec> and. had gone 4min-30sec. Mr. Johnston:-One of the good things that went. west!: -■•.■■• -.;-•;. '■ , ■ ■_.-.■ ■

Mr. Donnelly:- It was well named.