STRAYING HORSE SOLD

Hokitika Guardian, 8 June 1929, Page 3

STRAYING HORSE SOLD

OWNER. SUES FOR VALUE. AN EXPENSIVE CUSTOM. CHRISTCHURCH, June 8. . A claim for £‘2o for the alleged wrongful sale of a horse involved the appearance of four solicitors in the Magistrate’s Court yesterday afternoon. Mr E. C. Levvey, S.M., presided. The story revealed by the evidence was as follows: A horse belonging to Air R. A. Kimber, of Christchurch, farmer, was found in an emaciated condition in a paddock belonging to Mr Jas. Wyllie, of Sefton, near Rangiora. ‘ The horse allegedly remained eight months in Mr Wyllie’s paddock at Marshland and improved considerably in condition. Mr Wyllie advertised three times threatening to sell the horse to defray expenses. The owner did not appear and the horse was sold at public auction and was bought for £9 by Mr H. Box, who kept it two months, broke it in, and sold it to Matson and Coy for £l6. The owner, Air Kimber, thou appeared on the scene and sued Matson’s lor £2O. Alntson and Co. joined Box. claiming that the horse had been sold in good faith and without knowledge of the original ownership of the horse. Pox then joined AVyllie. the owner cl' the paddock, so that ultimately lour solicitors were involved in a claim o! 020 as to who should pay damages for the sale of the horse.

Mr W. J. Hunter appeared for Mr Kimber, Mr C. S. Thomas lor Alatson and Co., Air R. A. Livingstone for ALII. Box. and Air 11. C. van Asch tor .Mr Jas. AVyllie.

The statement of claim said that the plaintiff was the owner of a black mare which was in Hie possession (J the defendant on or about the 12t.h day of January, 1929; that on or about the said 12th day of January, 1929. the defendant sold the mare by public auction as the property and on behalf ot a certain Air McCormick, and delivered it to the highest bidder ns the purchaser and that the defendant thereby wrongfully deprived the plaintiff of the said mare, the value of which was £2O. The plaintiff claimed judgment for £2(l.

Kimber gave evidence that he had thought the mare was in the AVaimakariri riverbed all the time and so he had not advertised or made enquiries'as to its whereabouts. Mr van Asch said that it was obvious that the horse had been put into Mr Wyllie’s property at Marshland. At that time it was lame. Air AVvlllfhad done a neighbourly thing in selling the horse privately instead of handing it over to the poundkoeper. had kept the horse eight months and had advertised three times before selling it for £9. “We are entitled in equity,” concluded Air van Ascii, “tor feeding the horse for eight months. After consideration, Messrs Livingston and van Asch consented to join with Air Thomas, counsel for Matson and Co., ns co-defeiulants, and not as third parties. James AVyllie, in evidence, said that at the time he found the horse on Ins place it was in miserable condition, and might have-been worth 10s oi £l. It was worked right out. \A r hen it left him it was fat and in good condition. It was the usual custom throughout the country to advertise and then to sell. It bought a better price than it wouljl have brought il sold at a pound sale. He valued the grazing of ilie horse at 5s pci week. The land had been bought at £l5O. Air Harry Box, horse dealer, o' 1 Christchurch, said he had bought the horse at Rangiora. He put the horse in harness, and it turned a somersault. Air van Asch: Would it he cone t to sav that you mannered the horse. Air Box? Witness: Yes. He considered ho had improved it £4 or £5. Air Hunter: Yon say you mannered the horse. You did not dope hei, oi anything like that? ( Witness (laughing): No; I don’t know any of those tricks. “The whole matter turns on two points,” said the Magistrate “ first, the apparent neglect of the plaintiff in looking after his property, and secondly. the fault of Ab- AVyllie in following an okl-establisbed custom in selling the horse instead of taking it to a pound.” Judgment was given for £ls against Matson and C’o., hut payable by Wyllie, each of the defendants to pay their own costs.