OWNERSHIP OF FOAL

Evening Star, Issue 26041, 4 March 1947, Page 6

OWNERSHIP OF FOAL

CLAIM BY RACING OWNER A case of interest to those concerned in horseracing came before Mr J. D. Willis, S.M., in the Magistrate’s Court this morning, when James Martin Samson claimed from Timpany Bros., graziers, of Woodlands, possession of a foal, or failing that £250 damages. . Mr A. G. Neill appeared for the plaintiff, while the defendant was represented by Mr A. Smyth. (Invercargill). The plaintiff’s case, as set out in the statement of claim, was that he claimed from the defendant a colt foal by the horse Man’s Pal out of the mare Princess Argosy, of the value of £250, the property of the plaintiff, and detained by the defendant from June 13, 1946, until the date of entering the plaint. The plaintiff therefore claimed possession of the foal, or the 6um of £250 in case possession could iiot be had. ’. Alternatively, the plaintiff claimed that about November 2, 1943, he sold the mare Princess Argosy to the defendant for the consideration that the first live foal to be thrown by the mare should be delivered to the plaintiff. It was alleged that in 1945 the mare threw a colt foal by the horse, Man’s Pal, claimed to be the first live foal out of the mare after November 2, 1943, and the defendant had failed to deliver it to the plaintiff. The plaintiff therefore claimed £250 damages. Mr Neill traversed the facts as set out, and . said that it would emerge from the evidence that amongst racehorse owners and studmasters there was a practice of avoiding as far as possible putting a contract in writing. ’The plaintiff was a substantial racehorse owner, the defendant a stiidmaster and owner of Man’s Pal. Prior to Princess Argosy having been handed over, another mare, My Ship,, had also been handed over to the defendant in 1940 on condition that the plaintiff was to have the first colt foal. A colt had been born in 1943, but up to that time there had been nothing in writing as far as transfers were concerned. What applied to My Ship, Mr Neill claimed, also applied to Princess Argosy. Princess Argosy produced a foal in 1945, claimed Mr Neill, and early in that year, the plaintiff and the defendants fell out, and the plaintiff heard no more of Princess Argosy’s foal until he was advised b.v the Racing Conference in May, 1946, that the mare had foaled in 1945. The defendants did not return a form of transfer, and attempts to obtain possession of the foal were unsuccessful. Evidence along the lines of Mr Neill's statement was given by the plaintiff.

(Proceeding.).