The "Stockboy" Case.

Manawatu Herald, 23 September 1893, Page 2

The "Stockboy" Case.

In the Wanganui District Court before Judge Kettle, the " Stockboy " case came on for hearing on Tuesday. A jury of tour were era panelled. Mr Fitzherbert, of Palmerston North, appeared for the plaintiffs — Messrs Lyons and Simmons, and Mr K. M. Kerr (Standishand Kerr, New Plymouth) with Mr Hogg for defendant — Mr Simpson. Mr Fitzherbert, said this action was brought by Messrs Lyons and Simmons, of Palmerston North, against Mr Simpson, of Pihama, who was a farmer and did a good deal in racing matters. The defendant in this matter with regard to his horse Stockboy deceived the plaintiff in alleging that his horse was called Stookboy whereas in reality he was a horse called " Badger." Defendant admits that he sold this horse under a wrong name, but says that plaintiff (Lyons) knew of the fact. That would be the question for the jury to decide. Plaintiff nominated the horse under the name of Stockboy and accepted .for several events under that name for the Manawatu E.C.s Autumn Meeting in March last. The horse under that name won the Scurry Handicap. If Stockboy had bsen Stockboy he would have been qualiffed to run in that race, but as Badger he was not. A protest was entered by the owner of the second horse which ran second on that ground, and the protest was duly considered by the stewards of the j Club and after several adjournments they decided that the protest should be upheld, that the stakes as well as the totalisator monies should be paid over to the owner and backer of the second horse, that this horse should be disqualified for life as well as his owner a.nd the expenses of the enquiry, £8 2g, should be borne by him. On the assurance of Mr Lyons that he was bringing an action against defendant over the matter, the stewards withdrew that part of their decision relating to Lyons. The claim alleged that plaintiff suffered, heavy loss in money, name, and reputation, and sought to re cover £200 damages ; £86, however, in reference to totalisator monies, had been abandoned. The statement of defence denied the allegations of misrepresentation, and also the amount of damages. It also averred that the plaintiff (Lyons) well knew, and was informed by defendant, that the horse's real name was Badger. At the time of purchase a receipt from a farmer, owner of the horse, was produced, shdwing that the horse was Badger. That the receipt given to Lyons was made out in that form with Lyons' knowledge and at his request. That when the horse ran as alleged, plaintiffs all knew that his name was Badger. That on the day of the sale the horse was not a disqualified horse. On the contrary he was not disqualified until run by plaintiffs themselves. As he mentioned before, the real point which the jury had to decide was whether Lyons knew at the time of purchase that the name of the hor.se was not Stockboy. The following witnesses were called, John Lee, Morris Lyons, Ernest Stove, and James Day, which completed plaintiff s case. Mr Kerr said the case for the defendant {was that about the beginning of February, 1892, the defendant purchased in Auckland a horse named Badger from a Mr Bass, re eeiving a truthful receipt setting out what the horse really was. It was brought down to Taranaki and run there and also taken over on to the other side and raced there. It would be proved to them that the defendant had in the presence of a third party shown the plaintiff Bass's receipt. It would also be shown that defendant went to Lyon's office, where the sale was transacted, and told the plaintiff Lyons that he (defendant) had run the horse under false colours elsewhere, and that it would never do to run it under any other name, as its old name was well known. It would clearly be proved that he also gave the plaintiff

the receipt signed by Bass. It was not until Lyons had discovered that the felonious little game of false running which he was carrying oil,and which had beeri practised by the defendant, liad been discovered, that he sought to put the blame on the shoulders of fche man who had sold him the horse. He called as witnesses, D. C. Simpson, P. Sherin, E. Simpson, T. 0. Simpson and J. Baldock. The Judge summed up and the Jury retired at B'JO, returning into Court at 10.5 with a verdict for i plaintiffs, with £96 damages. His Honor gave judgment accordj ingly, with costs.