A HORSE DEAL.

Taranaki Daily News, Volume LII, Issue 292, 19 January 1910, Page 5

A HORSE DEAL.

HOW TO GET KICII QUICKLY. DIFFICULTIES OF AUCTIONELKS. Deals in horseflesh are not infrequent causes of litigation, and yesterday another somewhat peculiar was* added to the already long list of " clever" horse deals, 'ihe plaintiff, Edwin George, a farmer at Omata, sued Albert Slieard lor the value of a horse which, while the property of the plaintiff, had been wrongfully placed in the auctioneers' hands ami sold by auction to the defendant. Mr. C. IJ. Weston appeared for the plaintiff, and Mr. Nicholson for the defendant.

Mr. Nicholson applied to have the New Zealand Loan and Mercantile Agency Company, Hawera, through wjiom the animal was sold, joined as defendants in the action, on the ground that the company was liable for the loss sustained by defendant Slieard. Mr. E. L. Barton (Hawera) opposed tiie application, on behalf of the company, and Mr. Weston also objected. After argument his Worship refused the application, on the grounds that if it was granted it would prejudice the plaintiff, and also would not help in deciding the present case. His AYorship pointed out that defendant Shcard could sue the Loan and Mercantile Company in a separate action without prejudice to himself.

Plaintiff deposed that he was a farmer residing at Omata. He bred the mare in question. On July 25 a man named William Woods, who had visited the farm on the previous day, during witness' absence, and inspected the inare, came to witness and said he would like the mare, hut thought the price asked, €2O, was rather too stiff. Witness refused to f-'ol 1 her for less ) so Woods offered to take the mare and break her in to harness, on condition that if he chose lie could, during the four months lie would have her, come to witness and pay liim the £2O, when the mare would become his property. Witness asked what Woods Mould charge at the end of the four months for breaking in the mare, if he did not buy her. Woods replied: "Nothing." "Witness; did not like the idea of Woods breaking the mare in for nothing, but Woods pressed tne point and the offer was accepted. \\ nods took possession of the mare on the following day. hut witness had not seen Woods again. Before the four months were up witness learnt that oods had fold tlie mare by auction through the New Zealand Loan .and Mercantile to the defendant. Witness and his son went to Sheard's farm, identified the mare, and asked Sheard to Rive up tiie mare, but Slieard refused. Cross-examined Dy .Mr. Nicholson: \\ itness had only seen Woods five times, and did not know his occupation, until afterwards, when he found Woods was' a horse-trainer. He knew Woods' father and mother, and knew he was boni nnd bred in Oakum. Bein« a Taranaki man. witness trusted liiiu. If witness turned up now with the £2O he would not accept it. The mare was sold at the auction for .tM7. She was worth C2O. Cyril George, son of the previous witness, remembered going with his father to Sheard s place a! ('renin. lie recognised a bay mar# that belonged to witness' father. His father asked SVv.rd to give up the mare. Sheard i ]„> could not do it.

Mr. Nicholson slid that in vii>woof. f the future aetit>n ho could not consent to judgment. lie made the plaintiii prove Ins case, so that Hip defendant could sue Ihe auctioneers, who 'were the responsible parties. Jte would j>ul defendant in (lie witness-box to show that he bousrhf (lie animal innocently. depo-ed (hat on September he bought ilie mare hv auction at •'» horse fair hcM l.y the New Zealand Loan and Mercantile Company, ,nt Hawera. W itne»s did not- know whom (lie auctioneers v,•(■!•(> selling for. Tie save I'l? for the marc, and paid the auctioneers "on the same da v. After Ilie salo a man called Woods came !o witness and told liim the horse came from New Plymouth. Ife -aid not Inner else. Witness did not know at the time who thi* man was. hut found afierwards that he was Woods. When witness boupht (he in,ire she was in poor condition, and worth Cl~. wa« worth I'.O now. Mis Worship made 'n on]er for the l'«'i l!!'ll I"' i!'e hov.v <|» '• >V't) three ila' s. iu default payment of C2A. wilii (•!■«<« t'-t.

It was i'ltimated that defendant Shea'',] would now proceed against (lie Loan and Mercantile Company for a refund "f (he money he paid for t'ie horse.

Sea water cleans sponjr.s better- than nnytliiiifr else. Take your sponge into the sea with you sometimes and note the effect. Collars and eti/fs ivilj never Mister if starched on the right side.