Untitled

New Zealand Illustrated Sporting & Dramatic Review, Volume IV, Issue 199, 17 May 1894, Page 5

The racing suit Nathan v. McNicol is a ▼ery important one, and the judgment delivered in connection with it is of the greatest importance to buyers and sellers of yearlings. Legally, of course, it was right that the Messrs Nathan should be non-suited, but from a fair-minded man’s standpoint it was undeniably hard. Of Gourde the whole thing rested on the omission of engagements from the catalogue, and the neglect in having the horses and their engagements transferred from vendor to purchaser. As His Honour said in delivering judgment, there was no liability on the part of the Nathans to pay the forfeits, and as it could not be proved that they paid the money at the request of the defendant, no recovery could be claimed. But although there was no legal liability, we, in the racing world, know that a neglect on their part to pay the money would have injured their names, and affected them in an important manner on the turf, and that in paying the money they regarded it as a matter of course that the new. owner of the animals would return it. j But in law they don’t go on what understandings may run in the heads of honest people. A thing must be, solidly stated before recovery can be effected, and proved up to the jhilt before a decision can be given. And that being the case, the executors of the late Mr McNicol did not regard the matter in the light that he would have, but subjected it to the cold unsympathetic light of hard and fast law, and seeing no legal liability on the part of the defendant, determined not to. pay. We do not doubt for a moment that the dead man would not have paid, as any fair sportsman Would have, but people who administer others’ affairs regard everything from the point of fixed and proven fact, and if that is not forthcoming, then they accept no liability. There is no doubt the omission from the catalogue of the engagements was an important thing, for that left nothing to show that defendant in| buying the animals, did so subject to their engagements, and if such a showing had been set forth we doubt not that it would have affected very considerably the judgment of His Honour. The whole fault in the case rests with the man who drew up the catalogue, and stock owners should be careful to see that all engagements for horses for sale are set forth in the catalogue, and that when sold their engagements are transferred to the purchaser.