R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 65, 13 February 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth, Esq., R.M.) YESTERDAY.

THKLWALL AND CO, V. O’MEARA. Claim £4O 7s, 74. on a judgment summont. Mr. Finn for the plaint ills and Mr. Nolan for the defendant. Ordered to pay £4 per month—first instalment due one month hence, CURRIE V, BLOOMFIELD, Mr. Kenny appeared for the plaintiff and Mr. Nolan for the defendant, This was an application to take evidence in the above case, now before the Court in Napier, being a claim for £5l 3s. 3d. for stable accommodation for several racehorses belonging to the defendant. Mr, T. E. R. Bloomfield, examinnd by Mr. Nolan—Knew the plaintiff in this case and had seen him once. Knew nothing about this claim. Knew who was liable for it. A. H. Honor was the person liable and who took the stables from Currie. Cross-examined by Mr. Kenny—Was the owner of a number of racehorses which were at Napier at the time the horse-boxes were engaged and charged to his account. A number of the horses were at Hawke's Bay, viz., Foul Play, Piscatorious, Wild Dayrell, Aramaho, and Hero colt. They were first kept at E. Croft’s, at Hastings, but were subsequently removed to Currie’s stables by Honor. Could not say whether it was before or after the races when he saw Currie. Did not arrange with Currie for the loose-boxes as Honor did that. When Currie asked witness whether he was responsible for the hire of the boxes he said, “ No, Honor is.” Could not swear to the words which were used. Did not remember saying “Yes, lam the party,” Honor paid all the expenses and received so much per head for horses placed in in his charge, and paid all their expenses out of that. Did not ask Allan McClean to find out what was due to Currie, and to settle with him. The horses were entered in Honor’s name, and not in his (witness’). The reason why they were entered in Honor’s name was because he (witness) was giving up horse-racing, and did not wish his own name to appear. Paid the horses’ passage and entrance-fees himself. Paid Honor £2 per week for Piscatorious, and £2 10s. for Foul Play and Hero Colt. Honor had to train the horses and pay all expenses out of that. Currie knew the horses belonged to him (witness) and that Honor had no property in them. The horses were all in Poverty Bay at the present time. Re-examined by Mr. Nolan—Honor took the horses where he liked so long as he trained them ready for the races. A. H. Honor, examined by Mr. Nolan— Was a horse-trainer, and knew tne plaintiff, Currie. That account (produced) was a claim for stabling. Witness was responsible for the amount. Mr. Bloomfield allowed so much per week, and he (witness) paid for all feed, stabling, and expenses, with the exception of shoeing. Witness made the arrangements with Cuirie for the use of the stables. Currie had asked for a settlement in November last. Paid Currie £lO in September last, and asked for an account, and told Currie he would pay the balance as soon as it was furnished. Currie said the remainder might stand over until after the October meeting. The £lO was off the claim now made against Mr. Bloomfield. Hired the loose-boxes for himself, and not for Mr. Bloomfield.

Cross-examined by Mr. Kenny. — Mr. Bloomfield paid the entrance-fees himself at Napier, When lie hired the loose-boxes from Currie he told him the horses belonged to Mr. Bloomfield, but that he (witness) had them for so much per week. Never told a Mr. Buddie, at Napier, that Mr. Bloomfield always tried to get off paying if he could. Buddie asked whether Mr. Bloomfield was not always slow in paying. Witness replied that he did not know Mr. Bloomfield’s business* Thought he (witness) had received the money for the horses while they were in Napier. Did not get the money every week, but received a cheque from time to time. Re-examined by Mr. Nolan—Got a cheque from Mr. Bloomfield when he (witness) asked for one. Buddie was interested with Currie and held a bill-of-sale over Currie’s stock. Re-examined by Mr. Kenny—The bill now attached to the summons had been rendered to witness in his own name. Had not paid the account because he had not the money at the time. Had paid it away otherwise. Had no other horses but Mr. Bloomfield's to look after. Was a public horse-trainer at that time, but was now employed on fixed wages by Mr. Bloomfield. Ceased to be a public horse-trainer when Mr. Bloomfield’s horses were taken away. By Mr. Nolan—Currie billed him for £44 6s 6d, and gave him credit for £lO. This completed the examination and the witnesses having signed their depositions, the costs in the case were assessed at £5 13s. The Court then adjourned.