UNUSUAL LEGAL POINT

Wairarapa Times-Age, 6 January 1940, Page 9

UNUSUAL LEGAL POINT

BOOKMAKER WINS CLAIM. An unusual legal point, arising from a merchant's bets, was decided by Deputy Judge Shove, at Clerkenwell County Court recently. Mr Ernest Guide, appearing for Roger Whiteman, of Mansfield Road, Ilford, said that in August of last year Alexander Cohen, a merchant, of St John’s Lane, Clerkenwell, went to the Brighton race meeting, and in three days placed bets with Whiteman, losing £lBl in all. On the morning of the second day Cohen gave Whiteman a cheque for £4l lost the previous day, and asked to be allowed to go on betting. On the strength of the cheque Whiteman agreed. The cheque was not met, and Whiteman sued Cohen for the £4l. When the case came up for hearing Cohen agreed to pay the full £lBl and costs by instalments of £1 a week if the summons were withdrawn. Whiteman accepted that agreement, but Cohen had paid only one instalment, and the present action for £l3 arrears was brought to enforce it. Mr Pocock, for Cohen, submitted that an action brought on a gaming transaction could not succeed. This agreement compromised or attempted to compromise something which the law said could not be sued for. Mr Oulde contended that if Whiteman at the time of the agreement believed his claim had a reasonable chance of success, then that agreement was good. Deputy Judge Shove accepted Mr Guide’s contention. He gave judgment for the £l3 sued for with costs. Leave to appeal was granted. Old Bill in Form. Wellington Cup candidates appear likely to find the Awapuni horse Old Bill the hardest to beat this month. The many admirers of this goodlooking four-year-old son of Siegfried and Liaison were heartened by the brilliance of his success at Awapuni over seven furlongs on Boxing Day. Old Bill met some smart sprinters, but he produced a scintillating late run and the performance strengthened his position in the early market on the Wellington Cup. Staying in his strong suit and Trentham is a track on which he has raced very successfully.