TRAINER'S CLAIM

New Zealand Herald, Volume LXXV, Issue 23082, 6 July 1938, Page 18

TRAINER'S CLAIM

CARE OF BACEHOBSES j ACTIONS AGAINST OWNERS JUDGMENT FOR PLAINTIFF : COMMENT BY MAGISTRATE [PROM OCR OWN correspondent] HAMILTON, Tuesday The two actions involving tho alleged non-payment of fees incurred. in the training and transport of the two racehorses, Pirate King and Del' Mar, brought against the joint owners of the horses, George I*\ Barrakat, tobacconist. of Ngaruawahia, and Francis Barrakat, a freezing works employee, of Horofiu (Mr. P. G. Harkness), were concluded 'in the • Magistrate's Court, before Mr. S. L. Paterson, S.M., today. The first action was brought by Alfred Winder, horse trainer, of Te j Rapa (Mr. A. L. Tompkins), who claimed £97 10s 6d from defendants, this sum allegedly being the balance of training fees and expenses in respect to both horses. Plaintiff in the second j action was Winder's Horse Transport Company, Limited (Mr. Tompkins), the claim being for £22 10s in respect to transport charges on Pirate King. Defendant's Assertions George Francis Barrakat said he was. Co-owner with his son, Francis, of the horses Pirate King and Del Mar. He first gave Pirate King to plaintiff to train in July, 1936, the terms of payment tC be £2 a week and no percentage of winnings. The horse had its first win at Te Papa in February, 1937, and from then onward' arrangements, were lor £2 10s a week training fees and no percentage. After tho race gave both plaintiff and the jockey, Winder,' junior, a bonus of £lO. i" After his success defendant opened a bank Recount and from then on made his payments to plaintiff by cheque. When Pirate King won at Te Aroha the following week defendant gave plaintiff a bonus of £5. He always paid his training fees by , cheque and paid transport charges meeting by meeting. Defendant alleged that only the track fees were outstandings He had never reoeived a single receipt from plaintiff. Responsibility Denied 4 .About a week before the recent Ellerslie meeting defendant told Winder iSliat Pirate King had a bad cold and that he was not to be taken to Auckland. Plaintiff took the horse to Auckland, however, against defendant's instructions, but did not start him at Ellerslie or at the Avondale-meeting on the following Saturday and - 'Wednesday. The horse came home on one of Winder's floats, and defendant took charge of him at Ngaruawahia. Defendant said he had not the faintest idea that Pirate King was going to Auckland and denied responsibility for Expenses' and transport charges incurred during the trip, it Regarding the horse Del Mar witness •jiaid that plaintiff had agreed to train .'jfrim for 25s a week in addition to a percentage of the winnings, as he 'thought, he was a particularly promising horse. He denied that arrangements '•Were, made .with .'plaintiff for raising •ihe training charge aboyg 2o^ r The horse never started in; a xacoj _ Cross-examined, defendant' said he could feed a horse on the best, of everything for about 16s a week, His Worship commenting, that the usual price jpaß abobt 25s to 30s a week, y Magistrate's Decision Lisloughton David Rice, stable-hand, of Ngaruawahia, a -former employee of plaintiff, confirmed evidence for defendant concerning the condition of jpirate King just before the Ellerslie meeting.>Ln spite of the fact that the horse was suffering from' a bad cold, he Jiaid, it'was worked right up to the time of leaving for Auckland. It should never have been taken to the Ellerslie meeting. Witness had not left Winder s em ploy ili en t to go to work for the Barrakats, although he had later become an employee, of Barrakat, senior. "This case depends entirely on which party is telling the truth,' said Mr. Paterson, in giving judgment. I have come to the conclusion that the tru n is on the side of Winder, and I do not believe Barrakat and his witnesses. _ His Worship gave judgment for plaintiff for the amount claimed, less 14s, had been abandoned, making £96 16s 6d, and. costs, also for the transport charges claim for £23. lus and cosfs.