R.M. COURT.

Te Aroha News, Volume IV, Issue 168, 4 September 1886, Page 3

R.M. COURT.

"Wight v. Ohinemuri Jockey Club : Claim £7, amount of advertised prize competed for, being Consolation Stakes at the Club's Annual Race Meeting on 17th March last. Mr Miller for plaintiff, and Mr Lush for defendant. Tne evidence taken for the plaintiff was somewhat voluminous, all tending to prove that the first horse was disqualified on technical grounds, and that plaintiffs horse ran second in the race, and was therefore entitled to receive the prize. For the defence, Mr Lush stated that plaintiff should be nonsuited, on the ground that the wrong- persons had been sued. The Secretary and Treasurer who ■was the stakeholder, was the person against whom the proceedings should have been instituted, and not the Stewards or members of the committee or club. Mr Miller contended that in suing two of the Stewards, one of whom was appointed by the Club to sign all cheques, they were dealing with persons who were legally liable, and that the Secretary and Treasurer was only the servant of the Jockey Club. The Bench upheld Mr Lush's contention, and quoted from " Oliphant's. Law of Horses" in support thereof. The plaintiff was therefore nonsuited, with costs amounting to three pounds five shffifhgs, and the total expense already incurred in connection with this case will figure close upon £40,