THE TOTALISATOR CASE.

Ashburton Guardian, Volume VII, Issue 1763, 10 February 1888, Page 2

THE TOTALISATOR CASE.

Wellington, February 10. The ease of Nathaniel IJathnn, a turf commission age at againet the Island Bay Racing Omb was decided m the B.M. Court thfs morning, The plaintiff had invented £30 on the horse Mnrlboroutch for a raoe at last meeting of the Inland Bay Racing Olub. Maryborough lost th« rao«, and as toon as it wa* over plaintiff erved de'endaut's agent* with notions not to pay out the dividend on the race, aa he contended that the people worki >g the machine were f-takeho'de a, and thnt until the ataka h« d was p »id over either parry lad a right to repudiate the agree mont and reover the money deposited w nether the wagor was i lega« or no^, and it was immaterial wneth r the repu nation was bef re or »<f ter the t-vent H s <Vo<-Bliip give judgment an follows :— He found aa a fact that defendants worked a totaliaator at Island Bay Park rao ra etiqk U'ldt-r a dcenao from the Colonial

■ecrttary ; that rh«y reoeived £30 from plain' iff for whioh amouut he backed the horse Maryborough again>t tho fi*ld ; that they received other auras from « itaer peieons on the same and other horses running m the same ra»e ; that after the race was won and beforo 'he money w»s pud out th»y received from plaintiff a notioe repudiating the wager, and demandlog the ref and of hia money and he held under tho de iaiou of Richmond J iv Dark v la'aod Bay Park Company that defendants were stakeholders and not agents of plaint ff. and that he is entitled to recover m this action At the r. j qu«6t of di-fendan s' < ouosel, His vVorship found as a fact hit invest >ra looked to be baid their dividend out of tha money received by tho c who worked the machine from invent rs less, a percentage to those who worked ti e machine, the' amount of dividend to be determined by defendants {■•y dividing «he amount received from investors lets the percentage anoonget the holders cf tick ta on the winning horse.