MAGDALA'S WINNINGS.

Dominion, Volume 6, Issue 1847, 5 September 1913, Page 8

MAGDALA'S WINNINGS.

, INTERESTING GAMING ACT CASE. (By' Telegraph.—Prces Association.) Invercargill, September 4. At tJic Supreme Court! t-o-clay, before Sir Joshua Williams, David Andrew Mitchell sued the executors in the estate of John Beck, deceased, for £235 10s. Beck was the owner of a racehorse named Magdala, and entered into an agreement with plaintiff to lease the horso to him for the Grand National meotinp of 1912, on condition that plaintiff, paid all fees, including training expenses, and gave Beck one-half of, any stakes won. Magdala won the Winter Cap, and Beck received £500, less £14 10s. riding fees. Beck had since died, but, prior to his death, lie had filed a statement of defence alleging that plaintiff had not carried out all the conditions,, among which was a verbal agreement to put £10 on the horso if Beck had not returned to the Dominion in time-to invest that sum. i( Beck arrived at tiid 'BKifF on Monday,' and tlio raco was run on Tuesday. Counsel for the executors (Mr. Neavc) argned' that the transaction caino within Section 71 of the Gaming Act, and that no action could be maintained for money won by way of stakes relating to a horse race. Anything arising out of sucb was an unenforceable contract. Counsel for plaintiff (Mr. Mac Donald) contended that Section 71 applied to moneys held by the stake-holder, and that the Court would not assist a fraud in a case in which a reasonable, interpretation of the statutes would obviate.it. , His Honour Baid that Mitchell had fulfilled the, conditions which he was to perform, and ho did not think that tlio agreement was invalid. Plaint iff was not suing for money on a horso raco which 'bad not been paid, but for money which bad been won and paid to Beck, who was bound to account for it. Section 71 of the Act applied only where the money was won on a horso raco, and not paid to tlio winner. If the section applied in tSiis case, it would ho an illegal thing for two persons to own a horse jointly and sliare its winnings. Judgment was given for plaintiff wiith costs.