AN UNUSUAL CASE

Evening Post, Volume CXVI, Issue 24, 28 July 1933, Page 4

AN UNUSUAL CASE

(By Telegraph.—Press Association.) DUNEDIN, July 27,

A case of interest to trotting owners was heard in the Magistrates Court today before Mr. J. R. Bartholomew fs.M. Robert Geen, of Oamaru, sought to recover from Matthew Henry Daw-son, ot Dunedin, the sum of £50, alleged to be ■clue out of the first winnings of the trotting mare Elite' Bingen, which the plaintiff sold to the defendant for £200, plus £50 out of the first stake. The defendant, admitted that the horse waa subject to this contingency at .the time of the sale, but denied liability, on the'ground that the registration ot the contingency expired on July 31, 1932, prior to Elite Bingen's first win at Wyndham in March, 1933. The plaintiff alleges that.there.was.no question of a time limit when the sale was made, and claims . £50 out of the first stake of the horse's career subsequent to the sale. ' ' ,:'. The Magistrate reserved Ins decision, remarking that the point was a new one to him, .and that he -would take'time ti> consider. ■ . : • ' , • -.