S.M. WANTS TO SEE CHEQUE

Chronicle (Levin), 19 December 1947, Page 4

S.M. WANTS TO SEE CHEQUE

COURT CLAIM OVER PAYMENT ADJOURNED Conflicting evidence surrounding the alleged payment of a cheque by a defendant in a civil case heard in the Magistrate's Court on Wednesday resulted in the magistrate, Mr. A. M. Goulding, S.M., ordering the production of the cheque for his perusaL In order that this could be done, he adjourned the hearing till the January sitting. Defendant was George Maurice Baird, racehorse owner of Hawke's Bay, and he was defending a claim lodged by Brian Leslie Everton, wholesale butcher, of. Levin, for the payment of grazing fees in respect of & horse. Appearing for Everton, Mr. N. M. Thomson stated that a racehorse called Oypsy Lass had been purchased by Baird and had been taken, on or about June 4, to Everton's property, where the son had taken charge of it. The horse was to be conditioned there and later taken away to be trained. The question of grazing fees had arisen and Baird had said he would pay when the animal was taken away. At one time there had been an inquiry by the racing authorities as to whether the horse was being trained on the property. This had not been so, but Everton had become concerned and shortly after Gypsy Lass had been taken to a farm in Bainesse. He was now claiming grazing fees at £2 per week from June -4 to September 20, as well as the. cost of a horse cover which it was alleged had gone with the horse to Bainesse. Besides this, he claimed for cartage of the , horse to Bainesse. Mr. Thomson ' subiuitted that the son, Graham ! Everton, had acted as a go-between . Ifor his father and Baird.

In his evidence, Everton said that he had never had business dealings with Baird before. He and the defendant were not good friends. He knew about the horse being grazsd on the property. He had been told that the horse was there to be "built up," and that Baird would pay for this. It had been fed on one-third of a sack of oats and the sami amount of chaff a week, which was about half what a working racehorse received. It had been fed by himself, his son or the hired hands each day. He had exercised the horse by riding it over the farm. At the Wanganui races some time ago he had approached Baird, who had confirmed the fact that he would pay for grazing. Questioned by counsel for the defence, Mr. S. H. Philip, Everton said that he would not be surprised to learn that the animal had arrived at the farm later than the date stated. He admitted that he did not have a licence to carry horses in his float. His son had acted as agent at times in regard to the giving of orders to the hired hands. He denied that his son had paid him any money for the grazing fees. •: ' " ; " j Mr. Philip submitted that *:the period during which the horse Yvas on Everton's farm was ;not as stated by him; and that Everton had no licence to carry and charge for racehorses. Defendant gave evidence to the effect that the horse ha'd not arrived on Everton's farm until June 10. He did not know much about the conditioning of horses and had left the arrangements to plaintiff's son, Graham Everton. The son had said that it would only cost about £1 per week. Mr. Thomson: You never discussed this with Everton himself on the farm? — No. Graham Everton sai'd that he had had charge of one c$her thoroughbred under the same type of contract. Baird had paid him the money for the grazing fees and the cover. He had paid this to his father. It was at this stage that Mr. Goulding recalled Baird and asked for the production of the cheque il court. . G