DISPUTE ABOUT RACEHORSES

New Zealand Times, Volume XLIII, Issue 10000, 18 June 1918, Page 6

DISPUTE ABOUT RACEHORSES

A BLENHEIM ACTION. ARGUMENT BEFORE SUPREME COURT. A Blenheim action which was concluded before Mr Justice Hosking in tho Supremo Court yesterday was that in which John Joseph Corry, merchant of Blenheim, sued John Thomas Murphy, farmer, of Blenheim, for possession of a colt by Birkenhead—Prologue, together with, tho dam Prologue. The hearing of evidence was taken at Blenheim some time back. Yesterday counsel addressed tho court. Air A. W. Blair roprosented tho plaintiff, and Mr M. Myers defendant. Defendant counter-claimed for ,£lO3 15s for moneys paid on behalf of tho plaintiff. Tho defondant alleged that a partnership existed between them in respect to the niaro and colt.

'For the defence Mr Myers said that the whole question was really one of fact and not one of law. The counter-claim was not alternative, but irrespective of tho plaintiff's claim, and was for fees paid for services to two mares. The defendant and Corry were joint owners ot tho mare Prologue (since dead) and tho colt Hallowe'en. The dam and colt wero purchased for .£l5O, and wero tnken by Murphy under an arrangement with Corry, which, however, was disputed. The defendant was entitled to .£lO3 Iss on tho counter-claim and this was not disputed. Tho plaintiff contended that if ho succeeded in his action (he defendant was entitled to .£l2-1 10s. The plaintiff went further, for if ho succeeded then Murphy was entitled to more, this being the reasonable charge for agistment and the handling and rearing of the colt. The plaintiff agreed' to the enlargement of the counter-claim on these grounds. Tho plaintiff claimed that he was owner of the colt. Murphy claimed that tho colt was hold by him. in accordance with the arrangement made with the plaintiff and set out in the claim. Murphy, therefore, claimed half-share.

For tho plaintiff Mr .Blair reviewed the evidence nt some .length. Ho submitted that what His Honour had to docido was whether n partnership, arrangovußnv. or understanding existed botwenn the parties. This was tho orux of tho matter. Mr Myers added that if His Honour found that the parties had an equal jr torost in Hallowe'en (Puloguo being dead) it should be sold by auction. His Honour reserved his decision.