What is a Club?

New Zealand Graphic, Volume XL, Issue 8, 22 February 1908, Page 41

What is a Club?

At the Brighton County Court, last month, Judge Scully gave a decision <* considerable interest to tennis players. About three years ago Doctor Whittle, a medical practitioner in the town, who was then an enthusiastic tennis amateur, rented a large court at Hove, and there was a friendly understanding between himself and a number of gentlemen that they would guarantee amongst themselves to cover the expenses in return for the privilege of using the court. The arrangements seemed to have worked very well for some time. Dr. Whittle then became an invalid, and it being necessary that the business part of the court should be taken over by some other person, a Mr. Perkins undertook the duties, and received the fees on behalf of Dr. Whittle. It appears that a certain amount of profit accumulated, and the guarantors called upon Mr. Perkins to hand over the money. 'Mr. Perkins declined to do this, on the ground that the whole business was a club, and that the funds did not belong to them any more than the other members. The question was whether the gentlemen who formed the guarantors constituted a club. His Honor, in giving a considered judgment, said the ease involved a very delicate point, which had not previously come, under his notice. The question was whether the gentlemen who formed the guarantors constituted a club. His Honor, in giving a considered judgment, said the case involved a very delicate point, which had not previously come under his notice. The tennis court had been carried on in a very informal way. and it was difficult to construe the legal relations of the parties. But he came to the conclusion that it was not a club, and he made an order for the money to be apportioned amongst the guarantors.