BULLS COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9421, 17 April 1909, Page 4

BULLS COURT.

FRIDAS", APRIL,I6th

SALE OF “THE STAKE.”

(Before Mr Kerr, S.M.)

At Bulls Oonrfc yesterday T. Wilson, trainer, sued Rangitikei Racing Olnb and O. L. Duigan and Company, auctioneers, Wanganui, for £36 15s. ;

The statement of plaintiff was that at the last Spring meeting of Rangitikei Racing Olob defendants agreed to arrange for and held a sale at pnblio auction of his racehorse “The Stake,” and he agreed to pay the Club 10s and the auctioneers a sum equal to 5 per cent, of the purchase money. The sale was held and the horse sold nnder the hammer to one Butterworth for 35 guineas; and defendants without any authority from plaintiff accepted a cheque in payment of the horse, which was dishonoured bn presentment, jmd both defendants refused to accept any liability. Mr Oooper (Palmerston) appeared for plaintiff, Mtf lunea (Palmerston) for Rangitikei Racing Olub, and Mr Button (Wanganui) for Duigan & do.

The defence set up was that the auctioneer declined before the' sale to accept any responsibility and only agreed under pressure to auction the- horse. Immediately after the sale a cheque was tendered by Butterworth to the auctioneer, who refused to accept, and it was presented to the Secretary for endorsement Upon the latter refusing to do this, Wilson, the plaintiff, said it would be all right, and that he would accept the responsibility. The Racing Club had nevfifr made any charge. It was a privilege the Olub granted to owners.

H. A. Goodall (Secretary) and Selby Morton gave evidence as to plaintiff making the statement about taking the responsibility of the cheque. Mr Oooper prod need two letters, one he received from the Olub’s Secretary, and the other from Duigan & Go. to the Olnb, and nothing was stated in either of these about Wilson accepting any responsibility. The Olub had said it was nothing to do with them, it was the auctioneers business, and Duigan & 00, stated they would have nothing to do with it and it appeared from the two letters that they .were putting the blame on each other. In Oonrt was the first time he had heard the suggestion that Wilson had made this statement., Plaintiff 1 had given a complete) denial of having made the statement. If he had taken the responsibility, then it was strange defendants bad not said', so before proceedings were commenced. It was also inconceivable why the cheque was not handed to Wilson, before it had teen dishonoured. His Worship said it had never been a practice for the Racing Olnb to undertake the sale of h°t seß * It was simply a privilege granted to racing men. The Olub could not be held responsible in any way. The evidence was clear that the anotioueeis bad declined to accept any responsibility and there had been two witnesses against one that plaintiff had accepted the responsibility of the cheque. The S.M. said that on the evidence he had no other course to -'adopt than to give judgment for defendants, with costs amounting to £6 10s 4d. .