A LOST HORSE.

Wairarapa Age, 25 February 1927, Page 7

A LOST HORSE.

ACTION IN MAGISTRATE’S COURT. ‘ln the Magistrate Court yesterday, ! before Mr. F. K. Hunt, S.M., Alexander Reside, senr., drover, proceeded against Frank Wyeth, drover, to re- • cover £63, the value of a horse lent by plaintiff to defendant, and which had not been returned. Mr. R. McKenzie appeared for plain-- ’ tiff, and Mr. H. R. Biss for defendant. ■ Alexander ReSide, senr., said he own- ■ cd a bay gelding, four years old, Pro- « vacation —Miss Ziska. After Clancy had broken in the horse, witness lent it ' to Wyeth for three months, for the pur- I pose of droving sheep and quietening | it. He valued the horse at? £6O. Wit- 1 ness had seen Wyeth, who said the j at Alt. Bruce, and he would ’ try to get it. The horse had not been returned. Replying to Mr. Biss, witness repeat-' ed that he had agreed with Wyeth that the horse should be returned to Ma§,terton at the end of three months. Witness told Wyeth that when the horse was returned at the end of three months, if it were not wanted by him, a further arrangement for three months might be made: Percy Wihnhurst, who knew the horse, said he was well worth £6O. Frank Dorset said the horse was one of the best bred in New’Zealand, from a blood point of view. Mr. Biss said the horse could not now be returned. It had been lost, but there had been no negligence on the

part of defendant. The horse had been turned out in a paddock to graze, and had either been stolen or in some other way left the paddock. Counsel maintained there had been no negligence on the part of defendant, who could not, therefore, be held responsible for the loss of the horse. Frank Wyeth, defendant, said Reside asked him to take the horse and -hack it about. There was nothing said about how long.he was to keep the horse. A couple of days Jater witness met Reside, who' said he would send out feed for the horse for the winter. Witness had never asked Reside for the feed. Witness hacked the horse about till June, when he turned it out at Brady’s place at Mt. Bruce. The horse was placed in a 25-acro paddock temporarily. Reside did not give him per-

mission to turn the horse out at Brady’s. Witness went to Brady’s in November last, but could not find the horse. The horsr vn.s not much good, and would be worth about £B. To Mr. McKenzie: Witness tried to find the lost horse, but did not advertise in any paper for it. Frank Clancy, who broke in the horse, valued it at about £lO or £l2 as a hack. He considered the horse

would never have been any good as a racehorse. Jack Smith said that Reside had asked him to look for the horse in September, but he could not find him when he went to Brady’s. All the gates wore down. He valued the horse, on his looks, at £lO or £ll. William Corlett, saddler, valued the horse, as a hack, at £8 to £lO. Witness understood the 1 -m of the horse was for the droving season. His Worship said he was satisfied

plaintiff’s story was the correct one as to the period for which the horse was lent. Defendant had not used proper care when he placed defendant’s horse in a paddock as he had done, and had not gone to see how it was getting on. His Worship fixed the value of the horse at £3O, and gave judgment accordingly. An order for possession was made if the horse is found.