INVESTING ON TOTALISATOR.

Colonist, Volume LI, Issue 12458, 6 February 1909, Page 3

INVESTING ON TOTALISATOR.

[Unitto Pbess" Assooution.] " - , , Wellington, Feb 5. . In tne betting case of John Kemp and Percy Maxwell Cameron v George . Owler, for the recovery of the sum , of ,£sl, a decision was given by Dr McArthur, S.M., to-day. The plaintiffs' claim was- that they had given defendant £1 to invest tor them : on the ''totalisator ai the New- Zealand -Gup -meeting at Christchurch. Defendant, "they alleged, was charged with certain instructions whereby he should have returned them the sum of £112. ***. Defendant, who accounted to' the plaintiffs. only. for. the -sum of £62 10s, denied that he was bound down by instructions as to the speculation. Commenting on the claim, his Worship said that section 70 of . ,the , Gaming Act, 1908, in - his - opinion was conclusive as;to plaintiffs' ,right of action'; ..:-*ltJpro-id3ed;,"*tljat.*7- I '"M7 , 'aotion shaU he brought or - 'maintained to recover' any '_' sum of money won, lost, or staked in any betting transaction whatever." What, he remarked, could be more .plainer or more comprehensive? If young men or old ones for that matter, entrusted a companion with a sum of money to invest on -the totalisator, then ho' instructions given Jiim would render him legally liable to repay any dividend he might receive. At least, that was his opinion gathered from the Gaming Act, 1908. Those who gave the money for investment must not rely on the law for recovery but on the honour of the person to whom the-- money -wa s given. * 7 Judgment must be for the defendant, but no oosts would he allowed