A TROTTING CASE.

Star (Christchurch), Issue 4904, 20 March 1894, Page 3

A TROTTING CASE.

At the Chrietchurch Resident Magistrate's Court to-day, before Mr E. Beetham, S.M., J. A. Connell, secretary of the Lancaster Park Amateur Trotting Club, sued C. Wilson for £2 ss, nomination and acceptanoe fees of a horse named Sonny, which ran in the Stewards' Stakes at th* Lancaster Park Amateur Trotting Club'a meeting in November last. Mr Stringer appeared for plaintiff, and Mr Wilding for defendant. J. A. Connell deposed that the Lancaster Park Amateur Trotting Club held a race meeting at Lancaster Park in November last. Programmes similar to the one produced- were issued to the public, and the preliminary programme was inßerted in the newspapers some weeks before the meeting took place. Received an entry from A. J. Keith nominating a horse named Sonny for the Steward*! Stakes. The entry was in writing. Was present at the meeting when the r&ce was run. Saw defendant at the meeting, and spoke to him about the nomination and acceptance fees for tho horse Sonny some days after the meeting. Defendant admitted that the horse belonged to him, but stated that it had run in the race without bis knowledge or consent ; defendant also staked fch»t Keith had humbugged him about th» horse. Defendant del clined to pay the tees, and witness asked him why he did not scratch the horse when ha knew that it w_as entered for the race without his consent. Defendant replied that he was ignorant of the rule?. A few weeks afterwards the defendant said the horse belongod to A. J. Keith, who had a mortgage on it. The club was recently inaugurated, and the race meeting in November was held under the rules of the old New Zealand Trotting Association. Cross-examined by Mr Wilding : Witness was a paid secretary of the club, and not a member. The club kept a banking account, and witness and two stewards signed cheques. Had no interest in the club. Could not say whether defendant saw or heard of the advertisement which appeared in the newspapers. Could not say whether he received a copy of the official programme. Defendant was not present when the horse was nominated. To Mr Stringer : Witness wbb held responsible for all fees that were not paid, and had a right to refuse an entry for nonpayment of fees. Mr Harris, chairman oE the club, was present when witness received the horse Sonny's nomination. Sad asked defendant why he would not pay the fees, and he replied that he was not on good terms with Keith, and would not pay the fees. As secretary of the club, witness had authority to collect all moneys owing to it. Alfred James Keith, a horse trainer, deposed th*t he knew the horse Sonny, which belonged to Wilson. Trained the horse for Wilson, who told witness to enter it for the harness races at the Lancaster Park Amateur Trotting Club's November meeting, When witness asked Wilson for the fees, he requested him to ask the secretary of the club to wait a few days for them. Bode the horse in the Stewards' Stakes, but it did not win. Wilson was present when the race was run, and also when witness harnessed the horse for the race. After the race Wilson took the horse away. Entered the horse for a race at the Wellington Club's Meeting, and Wilson paid the fees to witness. The horae did not start at Wellington, To Mr Wilding : Witness could not say whether Wilson entered the horse Sonny for trotting race 3 previous to the Lancaster Park Club's Meeting. Witness bought the horse from Mr Clarkson on Wilson's behalf. Told Wilson that the horse was a gcod investment, and "Wilson paid £35 for it. Had no interest in the horse whatever, and did not get anything out of the transaction with Clarkaon* Entered the horse for the Plumpton Meeting, but did not pay the fees. Thought Wilson was liable for the fees. The horse never won a raoe while Wilson had it. For the defence, Mr Wilding contended that the plaintiff should be nonsuited on the ground that he had no right to sue in his own name. He J^Lv Wilding) submitted that the club should sue. No contract had been made between plaintiff and defendant, and plaintiff had no right to recover. Mr Stringer asked his Worship to add Mr Harris's name as one of the plaintiffs. Mr Beetham agreed to allow all members of the club to be included as plaintiffs in the action. After some further discussion between learned counsel and his Worship, Mr Wilding called the defendant, who deposed that he had nothing whatever to do with running or training racehorses. Was not the owner of the horsa Sonny till he took possession of it at the Park* The horse formerly belonged to Mr Clarkson. Keith asked witness to lend him £35 to buy the horse. Gave Keith the money, and the receipt was made out in witness's name. Keith wantod the horse to run in two race 3at the Wellington meeting. He said the horse could win £250 at that meeting and agreed to pay witness tho amount he paid for the horse and half the winnings. Upon that understanding witness paid the nomination fees. He never consulted Keith about entering the horse for the Plumpton Park Meeting, and never authorised him to enter it. Keith asked witness to give him £2 5s to enter the horse for Plumpton, but witneßS refused. Never authorised Keith to pledge his credit for £2 ss, the amount sued for in the present case. Never knew till the date of the races that the horae was entered for the Stewards' Stakes at they Lancaster Park Meeting in his name. Mr Beetham said the real point involved in the case was whether defendant owned tbe horse, and whether Keith was his ft^?ttti He (Mr Beotham) thought defend \nt owned the hotfae and that Keith was his agent. Defendant had purchased the horse, and> moreover, entered into an agreement with Keith to enter it for races at Wellington. Keith never set up any claim to the horee, which clearly belonged to Wilson. Judgment would bo given for plait-tiffs Jfor tbe amount claiire.3, vritfc COEt?t