A MOUNT FOR THE HUNT.

Stratford Evening Post, Volume XXXVI, Issue 75, 2 August 1913, Page 7

A MOUNT FOR THE HUNT.

A COMPLICATED CLAIM

At the Ccm it yesterday morning T. Carson (Mr Lawrence) proceeded against A. J. Davey (Mr Spratt) foi hire of u horse used as a hunter, Davey counter-claiming for money owing. Carson claimed 15s per week for seventeen weeks.

Thomas Carson, the plaintiff, gave evidence that ho was the owner of the horse Neh>. In May, 1912, defendant asked if he could have the horse for hunting. Everybody was looking for hunters at the time. Defendant said he would pay a reasonable fee. Four years ago the horse bad been qualified as a hunter, and ho had never fallen in his life. He had run well in a number of races, and held a record over two miles. The horse was examined by a veterinary surgeon before the hiring took phtce and also during the last month. He was now hired to a Hawera stablekeeper at 12s tkl per week, being hired out for hunting. During the time Davey. had hired the horse, witness never used it at all. In addition to hunting with the horse, defendant entered him in a jumping contest at the New Plymouth show and ran him in his own name in a hunters’ race at New Plymouth. He believed defendant had tried to enter the horse in a hunt race at Wanganui, but the entry was refused, as the horse had already won too much money in hunters’ races. After the race at New Plymouth the horse came hack pretty lame. A reasonable fee for Nero was 15s per week.:' By Mr Spratt: He had been training horses for the past twelve years. iHe did not race Nero now because he could not afford it. The horse was 'now quite able to work. He was lamed just before the contract was closed, through striking one of hie back tendons. He had also been lame in each foreleg, this lameness being caused through general breakdown. At the time of the hiring witness would have sold the horse for £SO. Witness had never been a member of the Hunt. He had disputed Davey’} account when it was rendered. Davey had collected £3 10s from Whittoi and had retained it wrongly. Th< last race Nero was entered in was the Grand National three years ago He broke down at the time and wa? fired. Witness did not give specific permission to Davey to race the horse at New Plymouth. ■

Re-examined: Witnosa cam© out of hospital on April 18th. He received Davey’s account soon afterwards and disputed it, also making a claim for hire. Firing would not lo.wer the value of the homo as a hpnter.

Charles R. Neale, veterinary surgeon',';- residing, at Hawei;a,,. h<? examined Nero on May 17th, 1912. Asked, by Carson, he gave it as his opinion that the horsevvras as fit tc race as it had ever been. Before he was hired to Dnvoy tho horse was in excellent condition for hunting. By Mr Spratt: Firing was not the Inst resource in strained tendons, but it was a ..p^ptliod,;;| Horses -wore (sometimes as precaution, against atrainecj, tendons, 4pbat the horse had been .fired did. not .indicate that its tendons were particularly badly -'strained.

Harry A. Nodder, Jrtable-keeper, Ha.vera, said Nero was a good reliable hunter, and to a person fond of sport he was worth treble the charge of 12« 6d per week made for him. In a stable a horse could get four feeds a day and the total cost per week be only 7« 6d.

Samuel Whitton, farmer; : Ngaere, gave evidence of paying money to Davey on behalf of Carson. He did not know how accounts stood between Davey and Carson. For the defence Alfred J. Davey. defendant, said that when he agreed to take the horse the only stipulation made was that it should not be hired out for hacking, as its legs were not too well. The horse needed exercise, and witness sometimes walked it out for a few miles. Sometimes when witness was busy Schafer walked him out. The very lowest cost for horse feed for a week was 15s, and some stables charged as much as 255. When lie took the horse over he was convinced it could never race again. The horse stood the hunting. On all occasions the horse wore special, protectors on the forelegs. Carson stipulated that the protectors must always be used. After the horse had been qualified as a hunter it could have won a good many races. Carson never complained of the treatment ol the horse. Carson instructed witness to collect the money from Whitton and to write it off against his account. On being told this had been done, Carson made no objection. At each hunt there were numbers of horses which the owners were pleased to lend without any payment, being quite willing to give the use of them merely to get them qualified as hunters.

Qross-exannned: The agreement between Carson and witness was of mutual advantage. Charles McCullum, groom employed by Davey, said that one evening Carson called, and after complaining about Dvey over-charging him, said he had lent him Nero for nothing, but seeing that he had made certain charges ho (Carson) would claim for the hire of Nero.

George Wright, cab driver employed by Davey, corroborated previous witness’ evidence.

Robert H. Peppered, stable-keeper, Waitara, testified that it was a usual thing to lend a hunter for a whole season. A hunter could be hired for 10s ( a day. The S.M. (Mr Kenrick) said the contract was very loosely made and it was merely oath against oath on the exact terms. He had, after hearing the evidence, decided that some payment was due for the use of the

horse, which was not a green horse, but one which had been well proved at hunting. It was not disputed that the horse was a good hunter. Carson deserved some payment, but he (the Bench) had little sympathy for him in view of the manner in which he had carried out the business. Ten shillings per week was a fair amount to allow (Arson, and judgment would lie given at that rate for seventeen weeks. Deducting the 17s in the counter-claim, which was admitted,

judgment ivould he for £7 13s, with costs £1 17s sd.