WINNINGS OF A RACEHORSE.

New Zealand Herald, Volume L, Issue 15398, 5 September 1913, Page 9

WINNINGS OF A RACEHORSE.

SUBJECT OF A COURT CASE.

[BY TELEGRAPH.PBES3 ASSOCIATION.] r Invkhcargill, Thursday. At the Supreme Court to-day, before Mr. Justice Williams, David Andrew Mitche'l sued the executors in the estate of John Beck, deceased, for £235 10s. Beck was the owner of the racehorse Magdaliij and entered into an agreement with plaintiff to lease the horse to him for .the Grand National Meeting 1912, on condition that plaintiff paid all the fees, including training expenses, and gave back one-half of any stakes won. Magdala won. the Winter Cup, and Beck received £500, less £14 10s riding fees. Beck had since died, but prior to his death had filed a statement ->f defence, alleging that plaintiff had i.ot carried out all the conditions, among which was a verbal agreement to put £10 on the horse if Beck had not returned to the Dominion in time to invest that sum. Beck arrived at Bluff on Monday, and the race was run on Tuesday. Counsel for the executors argued that the transaction came within section 71 of the Gaming Act, that no action could be maintained for money won by way of stakes relating to a horse race. Anything arising -out of an unenforceable contract was also unenforceable. Counsel for the plaintiff contended that section 71 applied to moneys held by a stakeholder, and that the Court would not assist a fraud where a reasonable interpretation of the statutes would obviate it.

His Honor said that Mitchell had fulfilled the conditions which he was to perform, and he did not think the agreement was invalid. Plaintiff was not suing for money won on a horserace, and not paid, but for money which had been won and paid to Beck, who was bound to account. Section 71 c' the Act applied only where money was won on a horserace, and not paid to the winner. If the section applied in this case it would be an illegal thing for two persons to own a horse jointly and share its winnings. Judgment was given for plaintiff, with costs.