SUPREME COURT

Manawatu Standard, Volume LIV, Issue 286, 31 October 1934, Page 2

SUPREME COURT

DISPUTE OVER MONEY. 'Before Mr Justice Blair this morning tlio ‘Supreme Court resumed the hearing of the case in which the question at issue is whether an amount of £I2OO is a loan, a gift or was paid in settlement of accounts. Plaintiffs a.re Charles Joseph Bennett, of Otahuao, Mastertou, sheep farmer; David Donald, of Masterton, sheep farmer; John Paratene McMaster, of Alartinborough, sheep farmer, and Frederick Burns Vallance, of Kahumingi, sheep farmer, executors of the will of Charles Frederick Yallanee, late of Masterton, sheep farmer. Defendant is Hedwick Wilhelmina McDonald, wife of Allan McDonald, of Awapuni, jockey. Mr S. A. AA'iren (Wellington) is appearing for plaintiffs and Mr A. At. Ongley (Palmerston North) for defendant.

Mr Ongley submitted that defendant was entitled to a non-suit on the ground that Air McDonald and not Airs McDonald had been debited with the £I2OO paid for the building erected by Trevor Bros. His Honour stated that Air Vallnnco bad paid this amount oil Airs AlcDonald’s behalf and she bad acknowledged the transaction even in her own statement' of defence. His Honour added that the answer put forward in reply to the interrogatory made in respect to the earning of race horses was ail economy of frankness; it did not constitute a proper reply. Air Ongley said Airs McDonald had left the whole of the financial side of the training operations to Air Vallance; she was a good trainer, but not a good business woman. His Honour: The position is that Mr Valhuiee was a sort of a lairy godmother.

The Judge contended that Airs AlcDoinikl did really accept responsibility by her attitude.

Mr Ongley contended that there had never been any evidence that Air Vallance wanted £I2OO from either Air or Airs McDonald. His Honour intimated that lie was not prepared to grant a non-snit at that stage. Mr Ongley said that defendant had been set up in Hastings to train Air Vallance’s horses, Air Vallance purchasing property in the name of Airs McDonald. That stable was a gift to Airs McDonald. Air Vallance bad then suggested that she move to Palmerston North and this had been done, Mr Vatlance negotiating for the property, which be bought in her name. To His Honour, counsel said Airs McDonald still had the Hastings property. Air Vallance had arranged with Trevor Bros., Air Ongley proceeded, to add to the stables and defendant had had nothing to do with the price. Trevor Bros, had been paid £I2OO and la.ter £2-38. At this time Airs McDonald owned the horses Stuidee. Hilation and Butterscotch and had a half interest in Merry Singer. The whole of the proceeds from racing these had gone to Air Vallance, who acted as a kind of banker. He had not paid training fees on defendant’s horses. DEFENDANT’S EVIDENCE. Hedwick ‘Willvelmina McDonald, defendant, in evidence, stated that _ she commenced training horses in 1925, at the suggestion of the late Air Vallance, whom she had then known for some years. She had hunters and Sturdee before this time. Air Vallance had promissed witness the training of his horses if she took out a license. He had taken a mortgage for £IOOO over the Hastings property. Witness trained six horses tor Mr Vallance at Hastings and also trained for two other owners. She had horses of her own to race. Butterscotch had been bought from Air Perry, also Ca.lluna. The latter was sold to Mr Vallance. Butterscotch was raced in witness’s name all the time, the winnings going partly to Air Vallance. in 1924-25 the horse won £212 10s, of which £7O was won in 1924. Witness detailed the history of Sturdee who broke down and was given to her bv Air Vallance. She had then brought ‘the horse back to form and raced it under lease to Air Vallance. In 1924 the horse won the Grand National and the Junior Steeples. Merry Singer had been bought for £3OO and witness had contributed half the cost. The horse won £095 in 1923, £370 in 1924, and £SOO in 1925. Hillation had been’ secured in exchange for another horse; Hillation had been raced m Air Valla nee’s name and had iron £390 Witness- stated that she still owned Sturdee when he dropped dead about 1927. She did not have any horses for Air Vallance to purchase except Calluna and two ponies. In 1928 she had come to Palmerston North so that Air Vallance would secure a more central position. Air Vallance had seen about the stables hiinselt. She had come to Palmerston North in company with Air Vallance and had looked at two places. Air Vallance had arranged the purchase in the presence ot witness, who had nothing to do with the price fixed. Mr Vallance had paid the whole ot the purchase money, lie had arranged lor the building of the stables and. the. price. Air Vallance had given her a receipt oi £l-99, saving: “This is yours. ' He had not said anything more about it and witness considered she did not owe linn anything. There hail never been a written statement with Air Vallance in regard to racing apart from the actual training fees. In September, 1928, she bad signed a mortgage to Mr Vallance for £I9OO, Air Vallance iniaranteeiiig her overdraft of £599 ,Tt the Bank of New Zealand. When the mortgage was given she did not consider she owed Air Vallance anything except lor the overdraft. V hen Air Vallance was giving up racing witness had consulted him About the overdraft, which she knew had to be lifted. , T . Cross-examined by Air AViren witness said her conversation with Mrs E. Al. Fllrnirton, daughter of Air Vallance, took place early in 1932. AVitness was then worried about the overdraft at the bank, which had sent for her when it had been learnt that Air Vallance was retiring from racing. A\ itness admitted telling Mrs Elkington she was worried over the amount she owed Mr Vallance. She did not, however, owe him £I9OO. AVitness stated that Air Vallance would have an average of six horses for training; on one occasion there had been seven. Se was training 14 horses the year after she arrived at Awapuni, and about 11 at Hastings when she left there, the hitter figure including those for Mr A r allance. The Court adjourned for lunch at this stage.