MARE AND FOAL.

Northern Advocate, 23 July 1923, Page 8

MARE AND FOAL.

QUESTION OF OWNERSHIP.

Aft action as to the ownership of an old trotting ; mare and her foal was heard by Mr Justice Hordman in the Supreme Court at Auckland, when Edward Payne (Mr Prendergast), currier, of Onchunga, claimed to be the owner of Sweetmint, by King Sweet out of Mint, and also of a foal out of her by Our Thorpe, born in OctoJjer, 1922. He alleged that defendant,. Daniel Payne (Mr Moody), a tanner, of Whangarei, was in wrongful possession of the mare and foal. Defendant contended that plaintiff had given him the mare. ' ......

Mr; Prendergast said the parties were brothers. Plaintiff alleged he had only lent the .mare to defendant, as he had no use for her.

Edward stated that he bred Sweetmint," and lent her to his brother, at Whangarei; over three years ago, to use in his trap. She was a bad starter, and had never won a race. To enable defendant to run her in a trotting meeting at Whangarei, plaintiff transferred her to him. Defendant was to return the mare to plaintiff when f her foal was fit to wean. He wrote three or four letters to defendant, and., received no reply. He valued the fioal at £100. ' •

Mr Moody: We quite admit the foal 1 belongs to plaintiff. , Cross-examiifed, witness said he had refused £150 for the mare. He knevsj the horse had to be properly owned in", Whangarei for that race, and he now knew also that it would be a fraud on, the trotting club if he wero not the. rightful owner. He admitted that, in a letter to the association, he had said he had made a present of the marc and his racing colours to defendant.

His Honour: If you did not mean to give the horse to your brother, why tell a lie to the secretary of the club?

Witness said the letter had to be sent to the secretary. It was the usual thing to do. He supposed that both he and his brother stood to be disqualified.

Daniel Payne stated that when his brotheir gave him the mare he advised him not to race her, as she was no good for racing. His brother at no time mentioned about lending her to him.

Cross-examined, witness admitted having received several letters from his brother, but did not remember any asking him to return the marc. He had- not been on good terms with plaintiff. He wns still a steward of the Whangarei Trotting Club.

FYances Jane Payne, wife of defendant, said that, plaintiff told her he had given the h6jse to defendant.

Edward Payne, recalled, denied telling Mrs Payne that he had given the maTe to his brother.

His HonouT said plaintiff was really asking the . Court to Relieve that the transfer and letter which ho had signed were false, and had. been prepared and signed by him to deceive the Troting Association and the people in Whnr""nTci; 7 T ° "*ave judgment for defomVnt, with cost?. > *>. ■