OWNERSHIP OF RACEHORSE

Manawatu Standard, Volume LII, Issue 119, 20 April 1932, Page 2

OWNERSHIP OF RACEHORSE

CASE AT AUCKLAND. Per Press Association. AUCKLAND, April 19. The second stage of the legal proceedings regarding the ownership of the racehorse Croupier, which .was seized at lticcarton last November, began in the Supreme Court before Mr Justice Herdman to-day. John Joseph Corry, of Blenheim, sued John and James Paterson, merchants. of Anckland ; asking for a declaration of ownership, a dissolution of partnership and the taking of accounts. Ho also asked that a receiver be appointed, and claimed £IOOO for the wrongful remoival and detention of the horse.

The defence is a denial of partnership, defendants asserting that they have always been the rightful owners of the horse. They denied that they wrongfully seized it, and claimed half the prize money received by Mr Corry from August 1 to November 14, 1931. They maiptnined that possession of the horse was given Mr Corry in accordance with his promise to look after the horse for them. • They asked the Court to declare them the owners of the horse. Up to August 31, 1931, Croupier won five races, for which plaintiff was paid approximately £413, less deductions. From August 1 to November 14, 1931, he won approximately £1225. '

The circumstances in which he came into possession of Croupier were described by plaintiff. He said that he had no intention of buying for himself at Messrs Paterson’s sale in January, 1930. • He thought so little of Croupier at the time that he would have been very glad to have given him away instead of taking . him home. Mr Paterson thanked witness for coming up, and said he would give witness this yearling. Witness was not at all keen to take it, but said he would take it, and if it ever turned out any. good half of the horse would be Mr Paterson’s. Croupier was in such a bad state when he got him that it was a long time before his trainer did any good with him. Croupier had always raced in witness’s name. In a document of August 11, 1931, lie was registering a partnership in the horse — 50 per cent, to himself and 25 per cent, each to Messrs James and John Paterson. Witness asid that Croupier had cost him between £350 and £4OO before he won his first race. SEIZURE DESCRIBED.

At the Christchurch races in November witness gave the agent of Messrs Paterson, Mr Collins, a promissory note for £l5O for the Messrs Paterson. Within a quarter of an hour the horse was taken. After the race for the Stead Cup ho saw Mr Collins go up to Croupier and try to knock the boy off the horse. Witness went up and protested, but Mr Collins had eight or nine policemen with him to stop witness doing anything. Mr Collins took Croupier away hot and excited after the race on an open lorry. Witness tried to get the Canterbury Jockey Club to interfere, but the officials were under the impression that the horse had been seized under legal warrant. Counsel for defendants: So it was. Counsel for plaintiff: That is for his Honour to sav. It looks more like theft. In cross-examination witness said that he owed Mr John Paterson 25 per cent. of. Croupier’s winnings, but Mr James Paterson’s 25 per cent. was wiped out by other matters outstanding between them. He had not rendered any account of them. Witness said that the first letter definitely setting out a fifty-fifty basis was sent to Mr Paterson in June, 1931. Mr Paterson wrote back immediately saying he had never given the horse to witness. This was the only difference he had ever had with Mr Paterson. The hearing was adjourned until tomorrow. In cross-examination, witness said that he owed John Paterson 25 per cent, of Croupier’s winnings, but James Paterson’s 25 per cent, was wiped out by other matters outstanding between them. He had not rendered any account to them. Witness said that the first letter definitely setting out the 50-50 basis was sent to Mr Paterson in June, 1931. Mr Paterson wrote back immediately, saying that he had never given the horse to witness. This was the only difference he had ever had with Mr Paterson. The hearing was adjourned until tomorrow.