RACING STABLE CASE.

New Zealand Herald, Volume LXVII, Issue 20600, 26 June 1930, Page 13

RACING STABLE CASE.

OWNER SUES TRAINER. ARRANGEMENT BREAKS DOWN. FAILURE OF COUNTER-CLAIM. [BY TELEGRAPH.—OWN- CORRESPOND EXT.] TE AWAMUTU, Wednesday. A case of particular interest in racing circles was heard at the Magistrate's Court at Te Awamahi, when Wilfred Johnstone, farmer, and owner of trotting horses, claimed £153 3s 7d from John J. Kenneriey, horse trainer, of Christchurch, and formerly trainer of several of plaintiff's horses at Te Awamutu. Kenneriey counter-claimed for £B3 4s.

It was stated that Kenneriey was engaged to take charge of Johnstone's stable at Te Awamatu at a salary of £SBO a year, with a free house, Johnstone to pay board for each boy working in the stable, Kenneriey to have one hcrse trained and kept free, and to have 10 per cent, of stake winnings. Johnstone was to receive fees for keep and training of horses prepared by Kenneriey for oilier owners. Kemierlav brought the horses Vendome and Prince Pedro with him, and later the two men entered into partnership in these two horses. He also brought Kelp and & filly. A trotter named Wangadale later arrived from Australia.

Ail went well from July 17, 132?, until the Christmas trotting carnival at Auckland, Kenneriey meantime winning the New Zealand Trotting Cup with Peter Bingen for his employer. At the Auckland summer meeting, however, Raima, trained by Kenneriey for another patron, won an important race, beating Rose Bingen, Johnstone's hcrse trained by an Auckland trainer.

Plaintiff took exception to this, and Kennerley wrote saying they had better part, a suggestion that Johnstone accepted., saying thai* he employed Kennerley to win cups for him, net to take them away from him. Kennerley stayed in charge of the stables for a few weeks, but; Johnstone's horses were removed to other quarters. The basis of the eiaim was in respect to the feeding and training of Kelp, and the feed of Wangadale and the filly. Johnstone claimed" that as Kennerley retained a half-interest in the two horses :t was the equivalent to the free horse in the agreement, and that Kelp was an estra, to be paid for. Kennerley maintained that Johnstone had told him Kelp would not be charged for. The other two horses were paddocked, and Johnstone had also offered to graze them free. Hi# counter-claim was in respect of wages between the date of the dispute and the resignation and defendant's departure from the stable. Mr. Wyvern Wilson, S.M., in giving judgment, said probably the most remarkable feature of the case was how flatly the principals contradicted each other. Johnston# said he intended to charge only for Kelp; the other two were only grazing. Kennerley appeared to expect to pay, for in at least on# letter he asked Johnstone what he intended to charge him. Kennerley had not proved that he was still to be paid wages after December 27. The counter-claim would be disallowed, with costs. On the original claim, judgment was given for plaintiff for £45 for training and feeding of Kelp to the end of November, and for ISs for grazing that Ijorse i thereafter. Costs totalled £ll ss.