OWNERSHIP OF HORSE.

New Zealand Herald, Volume LVII, Issue 17650, 10 December 1920, Page 8

OWNERSHIP OF HORSE.

CASE OF TAMA-A-ROA, I DISPUTE BETWEEN FRIENDS. ' r" ' ' : ' rr ' JURY FINDS FOR HETET., : ' v'fuf-''-M ' ' •,-?-> ', ; : ; [it I?LECRArH.—OW CORRESPONDENT.] r'i . v ; • HAMILTON,' Thursdiy. ( • A case in which the ownership of the , racehorse Tama-a-Roa was • involved was ( heard 'in the Supreme Court, before the ] Chief Justice. , Sir Robert Stout, to-day, , when Frank B. Morley . (Mr. Walshe) claimed from John T. Hetet (Mr. Finlay), • possession of Tama-a Roa, and' £200 dam- 1 ages. • , , » ■, . V. It was agreed to also take a claim by j Hetet against Morley for possession of tho horse and , £300 damages, for alleged de- i ten tion, . > < ' i- ~ 1 Giving evidence in support of his claim, j Frank Benjamin Mori By said he bought the , horse for £24, when rising three-year-old, , and after getting it into good condition, i he saw the defendant and arranged verb- 1 ally with him for'the horse to be put into training. The horse was to run under Hetet's colours, and to be trained by him. Hotel was to register it in both 1 their names. Hetet was to pay all outgoings, and the profits, if any, were to be divided between them. The horse , was trained by Hetet, and raced at various country ; meetings and won a trifle. Witness trucked the horse to Te Aroha, but had not had him back. Witness found cut two years ago that the horse was registered only in Hetet's name,' but ' witness made no complaint. Hetet had promised to return the horse, and also to V square'! accounts, but this had not been done. Witness had not . pressed the matter before, - because Hetet had been ill. His Honor remarked that witness could not' be a very good business man or he , would have taken steps earlier to recover the horse or bis share of the winnings, ' 1 • • Chief Justice and Witness.. y Continuing, witness said- that when he suggested Hetet should buy the horse ho refused, stating the price was too high, and that he would return it. After thatwitness got tired, and instructed a solicitor to write to Hetet, ami as a result received a reply that Hetet considered tho horse to be a gift. On Labour Day witness took the horse from the Racing Club's property at Te Aroha, ' •The Judge pointed out that witness had made no mention of this in his statement of claim, Tend such an action cast a slur upon all his actions. ,' . i Continuing/ witness said a man broke into his stable and took the horse away. A few days later it was again removed from the Racing Club's 1 property, awl witness . was 1 accused of taking it away 'again, hut this' was . untrue. A man named Crawford was now holding the horse, ' : , _, . His Honor: On whose instructions?' Witness: Mine. ~ His Honor: Well, what do you mean by issuing a writ claiming possession when von already have the horse? Do you call that" honest? Here you issue a claim • suggesting to be put op by an honest man asking for possession of. a horse when you already possess it? I You may he entitled to ask for possession, but that is not the way to do it. The Case for the Defence. Counsel intimated that .the defence was' that the horso was a gift to, Hetet. When given, tho' horse was- poor, but subsequently turned out to be good; and Morley apparently ' regretted ' having. made - the gift, and tried to eet.it back. '; , ; ; Defendant said he had been friends with plaintiff : for many years. In 1916 Morley showed witness the horse, and told him he could, have it.' " Witness thanked him; and 'agreed to 'take', it, and some months later Motley delivered the horso.,- Witness . registered it' in. his name, ; had it trained, and raced, 1 and it was not until June, 1919, ; that. Morley' questioned his owner-' ship by writing and asking for tho horse. Subsequently - Morley /.visited , him; and when witness asked what he meant by, the ( letter, he said : not to take any notice of '/it.-.'; The. horse was taken away later from To Aroha. and witness . bad not seen . hinl> since. Witness denied making any such ; arrangement as that , suggested by plaintiff, . --- . _ .' H<inry Rothery, contractor, of Te Kuili, and a member of the Auckland Racing District Committee," said that Morley told him he had given the horse to Hetet. If witness had thought that Morley had an interest in , the ,hone while it was register in Hetet'a name ho would have reported it to the District Committee. . s Several witnesses stated that they heard Morley say he had given the horse to Hekt. 1 - ■ ■ : The jury found that Hetet was entitled to 'possession of the horse, and judgment was entered for him in both cases without any damages. ' •'; 7->-

. I;;- : . • •' • (Published by Arrangement).