LEASE OF RACEHORSE.

Taranaki Daily News, 21 October 1921, Page 3

LEASE OF RACEHORSE.

QUESTION OF WINNINGS. OWNER SUES LESSEE. The allocation of a racehorse’s winnings between an owner and a lessee was the question at issue in a case before the New Plymouth Court yesterday. The plaintiff, James Dunkip, as the owner of the horse Master Curran, proceeded against Daniel Stockman for the recovery of £4O. It was stated that the horse had been leased to Stockman for one year, the agreement providing that he w'as to receive 75‘ per cent, of the winnings, the owner’s share being 25 per cent. The horse had been placed on six occasions, but Dunlop had only received his share of the stakes once, when he applied to and was paid by the secretary of the Stratford Club on the occasion of the horse winning a race at that meeting. When the case was called on, Stockman, who was not represented by counsel, applied for leave to file notice of defence. In reply to Mr. Mowlem, S.M., he said he did not know previously that he had to give notice to defend. He admitted having read part of the summons, but said he did not notice the paragraph relating to the filing of defences

His Worship said it was peculiar Stockman did not see the notice, as it ’.vas plainly stamped in red on the front of the summons in addition to being mentioned at the bottom of the page, and also on the reverse side. In the course of a further statement Stockman said he wanted to see what his position with the Racing Conference was. He contended that second and third stakes were not winnings. Counsel for plaintiff, Mr. A. Bewley, opposed the application for an adjournment, and said defendant must be aware of his position. The amount claimed was a fourth sba?e of £l6O, representing the earnings of the horse in second and third stakes at five different meetings. The other occasion on which the horse was placed was a first at Stratford, of which plaintiff had already secured his portion. His Worship dismissed the application for leace to file defence and gave judgment for plaintiff for the amount claimed, £4O, with costs £4 ss.