A Horse Case.

Manawatu Herald, 14 September 1893, Page 2

A Horse Case.

At Wanganui, before Mr C. C. Kettle, R.M., the case of Utiku Mamma rn v. W. Holmes (claim £180) was heard. The plaintiff alleged that he had a racehorse at Napier which he required brought into Pamwanui. Holmes was entrusted to bring the horse in, and applied to the owner for a cheque to cover the ne-ces ary expenses. The plaintiff signed a blank cheque, leaving the amount to be filled in by the dutVndiint. This was stated to have be.'ii on the 20th of April, and the horse was duly returned a few days later, when a cheque was presented and paid to the credit of W. Holmes for the amount now claimed. The plea was that the amount was un* reasonable, and could not have been incurred in ordinary expenses. The djfence wa3 to the effect that tho cheque was not given on the 20th, but on the 22nd April, that a partnership really existed between the parties nnd others, whereby the plaintiff was responsible for all expenses of certain racehorses. The defendant was to train them and divide winnings after deducting expenses.

The defendant further claimed that in the event of any money being found due from him to the plaintiff to set off the sum of £197 8s made made up, and the defendant's share of winnings and moneys paid for the various purposes to the order of the defendant. After hearing the evidence an arrangement was come to whereby the matters involved were to be settled by arbitration, The following were tbe terms :— (1) Defendant to give plaintiff endorsed promisor/ note at one month for £180, amount sued for and costs of suit; (2) L. Holmes to be substituted for W. Holmes as defendant ; (8) disputed accounts between plaintiff and L. Holmes to be referred to arbitrators agreed to by parties and judgment to be entered according to their award ; (4) case to be adjourned to October Brd pending completion of arbitration. Mr Marshall conducted the case for plaintiff, and Mr Cohen, of Cash and Cohen, Marton, defendant. Mr E. Barnes acted as inter. preter, - Chronicle.