A TOTALISATOR TRANSACTION

Otago Daily Times, Issue 14440, 5 February 1909, Page 5

A TOTALISATOR TRANSACTION

A LESSON IN LAW.

(Pkr Uxited Pkess Association.) WELLINGTON, February 4. In the belting case of John Kemp and t'ercy Maxwell Cameron v. George Owlcr for the recovery of the sum of £51, a decision was given by Dr .U'Artlurr, S.AI., to-day. The plaintiffs' claim was that they had given defendant £1 to invest for them on the totalisiilor at the New Zealand Cup meeting at Christohurch. Defendant, they alleged, was charged with certain instructions whereby lie should have returned them the sum of £112. Defendant, who oulv accounted to the plaintiffs for the .sum of £62 13s, denied that ho was bound down by instructions a:; to the speculation. Commenting on the claim, his Worship said that section 70 of ""Hie Gaming Act, 190J," was, in hisopinuMi, conclusive as to tho plaintiffs' right of aeliosi. Jt provided that "No action shnll be brought or maintained to recover any sum of money won, lost, or staked in any betting transaction whatever." Wh.it, he remarked, could be plainer or move comprehensive'; ]f young men, or old ones for that matter, entrusted a companion with a sum u f money to invest, on the totalisalor, then no instructions given to him won id lender him legally liable to repay any dividend he might receive. At least'that was his opinion, gathered from the provisions of "The Gaming Act._ 1908." Those who gave the money for investment must relv not on the law for recovery, but on the honour of the person to whom the money was given. Judgment must bo for the defendant, but no costs would be allowed.