A PRIZE PUP.

NZ Truth, Issue 327, 30 September 1911, Page 6

A PRIZE PUP.

OVER A TERRIER. Judge Hawkins and liis"Dawg" VVhere Was His Wife ?

LAn1 An amusing' case, over "the disputed -ownership of a prize • pup occupied the attention of Dr A. McArthur, S.M., at *he Wellington Magistrate's • Court, on the 21st . inst., wh en John Richard Maxwell (of Wellington) sued G-eorge Arthur -,• Stanhope (of Christchurch) for the retui'n, of the pup which was m the possession of the latter. Mr H; Machell appeared for the plaintiff, and Mr C. R. ; Dix for the defendant. •. The plaintiff, John Richard Maxwell, an accountant .in Wellington, said that he bred dogs for pleasure. The ; subject of the', present action was a prize pedigree bitch named "Wareiroa Girl," which he, had bought from Mr Jansen for £3 3s 1 . Stanhope badly wanted an ..Irish bitch, and Maxwell yielded ;to his entreaties to •""'_' LEND HIM THIS PUPPY. The loan was the subject pf a verbal agreement. The puppy was not to be .removed from Wellington, . it was not to be entered m any. show except m Maxwell's name, and Mr Jansen was to have the pick of its litter. This was /.quite a , customary "breeder's loan." '"/".• . Mr ' Machell : It was a bailment, lybur Worship. His Worship : I; don'^ like these •bailments unless they are • m writing, and I don't like them thea. "\Witness, continuing/said that Stanhope took the dog t o , Christchurch, m breach of the agreement, and entered it m a show," aud .it took a prize. "••.'. ; • His Worship : Hence these. 'tears* Witness said that" the dog turned, out a very valuable one. ■ -He wrote :i t o Stanhope and threatened to prosecute him for theft if he did not return it. He got no re Ply Mr. Dix said that no such letter was . ever received. . . .' To Mr -Dix : He had not paid Mr Jansen the £3 3s. The arrangement was' that Mr Jansen was, to receive £3 3s or a dog back. Witness was to, receive nothing for the .-loan. He was conferring a favor oh Stanhope. William Jansen, grocer, said he bred Irish terriers lor pleasure, and ho bred ' 'Wareroa Girl;' ' which he sold to Maxwell for £3 3s, which had not yet been paid. Mr Machell : Why don't you press him for it ?V- .- :-.. . . • >. ... .-' ~!: ' .•■■.';■ Witness : Because 1 it is a hobby of mine...' - • , ■■ ' ■// . - -Vv '• ■;■':■ ■ ' ' ' Mr , Machell : ,' Is it a .customary thing for breeders of dogs ,to lend them on a "breeders-l oan" ? Witness,: Yes, , it is not .unusual. . Mr Dix : I object. ■?'. Witness • Says that it is a hobby .with him. It is_ not a', custom of. trade. ■; : His Worship : You can't have that!. Why don't .these people sell their, dogs out-and-out and have done with it ? - :■■? ■'■■ :' -, ■'■ /'■■ ■■■■:■'- ':'■■ "■■•..■•■• Mr Machell .then called expert evidence of , the frequency -with which sluts 'were lent- from one person to another upon such • terms as were said ,V-. to have been' agreed between Maxwell and. Stanhope. ' This closed 'the. case for the plain- " till, and Mr Machell '.'said f he. . would like t o draw his Worship's attention to a case: : : * His Worship : A case of dogs ? '*■» Mr Machell (seriously) "• No, your Worship, a law case. A DECISION BY BAHON PAI^KE. His Worship :"" Wha.t a wonderful rh a n he was, to be sure ; there isn't a subject -upon which he -hasn't expressed some opinion. Now, if it had been Mr Justice Hawkins ! Mr Dix : In h^s book, your Worship, Hawkins speaks more "of 1 his dog than he does of his wife. His Worship : Oh ! she was m. the •background. . ;Mr Machell then cited : Baron Parke's judgment on bailments. ' Mr Dix stated, laconically, that .his defence was that, the dbg ; was his client's, having been given to him by. the plaintiff. >. . George Arthur ' Stanhope, the defendant, said that he was a traveller' at present; m the employ •. of. ■ the Christchurch. Gas Company.; Until a few rnqhths ago: he resided in' Wei-"; lingto'n. About five va onths ago he asked Maxwell if he could get him a /good pup, and he replied that he could get him. , ons from Mr Janse-h if he would . undertake to look r well after it, and m due time to put -her tq "Lurgan „. Looney," Mr Jahsen's prize dog, Mr Jansen to have the best dog A puppy of her litter. Sitanhdpe readily agreed to all this, and, on v.the night following, Maxwell called at Stanhope's house at Island Bay, and Stanhope the: bitch puppy. She would then be about two months old. Not one word was said on either, side' to. indicate that the ownership of the pup remained m Maxwell, and Stanhope clearly understood that /she was his, 1 arid specially obtained lor him, /arid that Stanhope was bound by a n honorable undertaking to carry out the. arrangement made. "Stanhope had since cared well for the animal, and*, entered her for the recent dog; show, when she .:' ' , ■ TOOK TWO FIRST PRIZES AND •.■'.-'■• A SPECIAL. ■->;.■ Stanhope entered her m . his own name because he never dreamed that his ownership was questioned by anyone.- After Stanhope' had ■ her about three weeks, there was a dog Parade m ths Basin Reserve, Wellington. Maxwell went to Sta.n r hope's house before the parade,' and said, . : "You had better enter that puppy of yours." Stanhope: replied, "All right," and. did so. "Stanhope then got a catalogue, and there found that the dog had been entered by Maxwell m his own name. Stanhope at once demanded 'an explanation, and Maxwell_replied, "Oh !. that's air right. You re not a member of the club, and it would have ■■ cost you money." .. Stanhope was quite satisfied with this .explanation, and no more was said on the point. Stanhope took the pup to the,. Parade, and took it home again, and she had remained with him ' ever since. . ' '

His Worship preferred to accept; the derendant's story, and gave judgment for the defendant, but allowed no costs. He added that it wojalrl be a lesson, to people to , reduce these agreements to -writing, , £nd then there could be no dispute. \