ACTION TO RECOVER FORFEITS.

New Zealand Herald, Volume XXXI, Issue 9442, 23 February 1894, Page 3

ACTION TO RECOVER FORFEITS.

A PURCHASER'S LIABILITY. A very interesting case, as bearing upon the liability of persons purchasing animals at our annual sales of yearlings, and whose owners have previously entered them for racing engagements, was commenced before Mr. H. W. ISJorthcroft, R.M., yesterday afternoon. The claim was for £52 10s, brought by Messrs. L. D. Nathan and N. A. Nathan, of Auckland, merchants, against the executors of the will of John McNicol, late of Ohaupo, in Waikato, auctioneer, deCeased. Mr. C. E. Button appeared for the plaintiffs, and Mr. Theo. Cooper for the defendants. Mr. Button, in opening the plaintiffs case, briefly stated the facts. It appears that at the sale of yearlings held at Wellington Park in January, 1892, Mr. John McNicol purchased a certain yearling filly by St. Leger out of Cantiniere, and a yearling colt by St. Leger out jf Renga. The animals were at that time the property of the Messrs. Nathan, and had been nominated and entered by them as competitors in a certain race called the Challenge Stakes, to be run at Christchurch in the month of April, 1893, under the control of the Canterbury Jockey Club, and the yearlings were sold subject to the terms, conditions, and forfeits imposed by the said club, and under the rules of racing adopted by metropolitan clubs in New Zealand. One of the conditions of the said Challenge Stakes was that the nominator of each horse for the said race should pay in respect of each horse entered by him a subscription of 25 guineas to the secretary of the Canterbury Jockey Club on the general entry day,,unless certain forfeits mentioned in the conditions were previously declared and paid. As the defendant did not elect to declare and pay forfeits in respect of the said horses, nor did he pay the subscription of £25 each, the plaiutiffs became liable, and were called upon to pay the amount. Mr. J. Philson, auctioneer for Hunter and Nolan, and J. Davis, in the employ of L. D. Nathan and Co., gave evidence as to the sale of the animals. Both witnesses stated that the catalogue did not state that the horses were entered for the Challenge Stakes, but previous to the horses being submitted the omission was duly announced. The latter witness stated that had the sum of £3 33 for each horse been paid in February, 1892, or £13 13s each in August, 1892, or 22 guineas each on the 3rd February, 1893, the norses could have been released. The Messrs. Nathan were compelled to pay the amount. If t(hey had not done so, they would have been prohibited from racing their horses in any part of the Australasian colonies. It would also have been a slur' upon their character. The defence put forward by Mr. Cooper was that there was no contract in writing. Exception was also taken to the fact that Messrs. Nathan ought not to be the plaintiffs in the action, as the animals had been purchased at Mr. Morriu's sale, and had been entered upon the catalogue as having been bred at Wellington Park. The defendants also contended that Messrs. Nathan were under no liability to pay the amount, ihe further hearing of the case was adjourned lor a fortnight. _______________