ABOUT A RACEHORSE

New Zealand Times, Volume XXXIII, Issue 7852, 14 July 1911, Page 5

ABOUT A RACEHORSE

. A TRAINEE'S CLAIM, Charles Pritchard, horse trainer, of Lower Hutt, sued Thomas Long, settler, Wellington, and J. Harle, settler, Wei* Uugton, before Dr A. McArthur, S.M., in the Magistrate's Court yesterday, for £157 8s fid, alleged to be the balance due for services rendered and expenses incurred in connection with the training of a horso named Eangikapun from March 27th, 1909, to the date of the claim. Mr P. W. Jackson appeared for plaintiff, and Mr A. Fair for the defendant Harle. The defendant Long had confessed judgment. Mr Jackson stated that in March, 1909, Long • asked tho plaintiff to take and train tho horso, tho remuneration being fixed at £2 2s per week. On April 24th, 1911, there was £224 8s due to the plaintiff for taking care of and training the horse, together with a further sum of £22 for expenses incurred in taking the horse to meetings, etc., making a total of £236 8s sd. Of this sum plaintiff had received £75. On October Ist, 1909, an agreement was entered into between Harle and Long, under which Long was to be re* sponsible for ‘the training and other expenses in connection with the horse, and Harlo was to receive 15 per cent, of thfc (minings, provided his share did not amount to more than £2OO. The plaintiff was not informed by either Harle or Long of the existence of this agreement, and continued to train the horso under the impression that he was acting on behalf of both defendants. It was not till plaintiff spoke to Harle in respect to payment that tho agreement was made known to Mm, Harle then telling him he was not responsible and referring him to Long. Plaintiff in evidence stated that he had received certain sums from time to time direct from tho racing clubs, being the winnings of the horse. He was aware that a man named King had been in some way connected with the horse, but that was only for a month or so, and he was not now connected with it. Mr Fair submitted that the court had no jurisdiction to adjudicate on the claim, because it was for an amount of more than £2OO and there was no admitted credit or set-off. On the evidence, also, they were entitled to a nonsuit because the plaintiff had not shown any authority on tho part of Long to pledge the credit of Harle. Harle had not been registered os a party in the running of the horse. Mr Jackson contended that tho case did not come within the oases quoted by Mr Fair. The two defendants had been registered aa the owners of the horse, and were jointly sued as the owners. Long's confession of judgment bound Harle, and plaintiff had been engaged by both the defendants. Judgment on the nonsuit point was reserved till Tuesday.