CLAIM FOR HORSE

Manawatu Standard, Volume LXI, Issue 142, 17 May 1941, Page 4

CLAIM FOR HORSE

SUPREME COURT ACTION. Possession of a racehorse, or, in tho altenicUivo, payment o> £ixK), was tho basis of an action commenced in the Supreme Court yesterday before His Honour Mr Justice lilair and a jury of four. Plaintiff was Mrs Sarah Ellen Pearson, of Beacpnsfield, and defenda.nts were Harold Featherston Jolmston, Judge of the Supreme Court, of Wellington, and Arthur Duncan, merchant, of Wellington, as trustees of the estate of the late Charles Featherston Johnston, formerly of Feilding. Mr A. M. Ongley appeared for plaintiff and Mr H. It. Cooper lor defendants. The foreman of the jury was Mr H. Beardsworth. The statement of claim set out that Mr C. F. Johnsto.il died on January 7. 1939. In or about December. 1938. deceased made a gift of a thoroughbred horse, Toa ]ti, to plaintiff. On taking; the horse, plaintiff found that, having sore feet, it was not able to travel and plaintiff left it with one Davev. In or about August, 1939, defendants or their agents removed the horse. Plaintiff claimed the horse, or failing its delivery, £3OO. Defendants denied that the gift was made, that plaintiff oveii took possession either with or without their permission and they denied that they ever removed the horse and that it was' worth £'3oo or anv such sum. After evidence had hcen heard for plaintiff and defendants the jury found for defendants.