Important to Racing Clubs.

Manawatu Standard, Volume IX, Issue 6, 5 December 1884, Page 2

Important to Racing Clubs.

-nvThe caseriafjtfoe Foxtan. ;Racjnjg Club ;for(A?«?Vsc»JpJJpq of tb;e Club against Mr S. M. Bake^j referred to m oflr is^ne, of.Wednesdfay.fa^twa? decided I m tße jßesid?nt/,Ma.'gisira,te^ > '€)ourt ( . at Foxtbn on ,that day. Mr J. Herbert k ttaftkihs^appeared for Mr Baker, 'and Mr B. L. Pirani for the Racing Club) J >'■'{■■ •.'':■ '. ' The" evidence p£ the Secretary I of .the. i Clubs wajs taken which showed tt>;at;.]y;r,, Baker had resigned n jhiß v membership shortly after thecojiirnerice'riient; o£ the finaucial'year of the CHciK,"tbat the Club had refused to accept his resignation until his subscription should bp- paid. : It was admitted m. cross-examination that at the date of Mr Baker's resigria-; tjbn the Club was perfectly Bolvje'tit and' that scarcely any of tlie members'current subscriptions had been. pai4- --"' Mr Thyhne, the President of,] th^ Club, gave evidence to the effect that Mr Baker had been elected, one of the Stewards. s > v Mr Hankjns for the defendant m ad,,dressing the Bench stated jthat | tho^abY L-tion was defencjed on principle. Mr ! Bakei 1 disagreed with the maWagementpf. | the Club, and accordingly resigned His"' membership. He declined to; pay a I contribution to the, funds /of the .Club for future privileges .'.whjch .frqni .'.tfie fact of his having resigned he would. not ; obtain and bp objected .'to'ih'e.(rianner.'in wliich lic v hhd been requested' toj pay.— lt" I \yaß not a matter of inoiieybutprinciple. Counsel '? then con'tcndcid that 'the as- | soeintion was a quasi partnership that the, action i'nvqlye^ th,e aooountsiofr the^ I partnership' Ana that therefore' 1 Mr Baker : was necessarily m the position of< defendant and plaintiff ' and that * t;l»e Club cdiild liot therefore sue, him m! a court . of, law .1 t (2) . That the promise of the defendant for want of consideration w&s nudum Pacturh; ' ' ' ' ' 1 I : ". . Mr fjpit\^ replied at length. | !;i ■.. ".-... „ The, .copaidered ; that: Mr ' JBaker ' pdrhaps ''morally : bound was not so m a' legal sense and nonsuited the plaintiffs 'wiib/'tfta cpV^ of Court and counsels.' fee. MKlJankins on behalf ;of the defendant immediately at the close of the case m open Court tendered the Secretary of Club the amount of the subscription sued for, but }\o refused to accept it.