A BETTING CASE

Taranaki Daily News, Volume LII, Issue 10, 5 February 1909, Page 2

A BETTING CASE

BKTTOIt'S LKCAL ItICHTS. Ay Telegraph.—Trees Association. Wellington. Last Night. J.) tlii' betting case n[ -)i<ti 11 Kemp anil Tcrcy Alii\well Cain; inn v. ( Owl it I'nr tiio recovery of the sum nf Jl.'il. di'vi:-iiiu wa-i jrivi'ii liv Dr. A, Mr Arthur, S.AL, tn-,|nv. Tin: plainlillV flu in, was that they Iniil given defendant, CI t'o invest fin' tli.rni <ui the totalisiilni' at Hie New /calami Cup meeting at ('liristvliurch. Defendant, they allofrfd. was charged witlii certain instructions whereby li,» should liave returned tlii'iu tin l sum ul' Clll Defendant hail 'only aecuiiiited In the plalntiU's I'm- tile feu in of .Cli'i I ;>>. ami ilenieil that he was

bound tlown by m-truetinn, lint was m use his own divretion as fn the speoula'Linn. Cuuiineliting on tile claim his Worship stated that section Til of the (laming Act. I WW. was. ill hi- opinion, conclusive a> to the phi in lilt's' l-iirht nf action. It prnviiiled that. "N'o aetion sh.'.li lie brought or maintained to recover any slim, nf nion.'.'y won. lost or stakid in any butting transaction whatever." What, lie remarked, eniilil lie plainer ir more comprehensive. If voting men, or I old ones for that matter, .entrusted a companion with, a sum of money to in-

vest on the tulalisator then nn instruction given to hill! would rci|ile|' him legally lialije to repay any illvlilenil he might rcnelve: at, least. Unit was his 'opinion gatllercd from the provision of the (laming Act. 10(18. Those who gave it lie money for investment must relv ■mil. oil the law for recovery but oil 'till" honor of the person to whom t'ae ■money was given. Judgment uiust lie 'for the defendant, but no costs would be allowed.