The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-05-10 00:00:00

A HORSE WARRANTY CASE.

The cause of " Houldsworth v. Davie" has been
tried at Wentminnter, and was an scion to recover
back £lOO paid by the plaintiff to the defendant for
the price of a hose tried it, Middlesex. hi-fine Baron
Pigott, when a verdict was found for the plaintiff. The
plaintiff pnr.thaned from the defendant a borne for
£l2O. The horse, it appeared, bad a blemish in the off
eye, and the plaintiff took from the defendant the fol-
lowing receipt t
" goateed from James flooldeworth, Esq., the sum of
MOO on account by a bay horse, he having a biendsh in the
off eye. I warrant him to get entirely well of II within three
months, or if he does not, I will bake the horse back and
return the money: or on the other hand, when the eye
does get right Mr. lionidsworth la to send me the balance
of £2O kept in hand of the price by him.

The plaintiff took the home to Scotland, and finding
that the blemish in the eye after a time affected the eye
generally, he decided upon retuming him, anti on the
20th of September he teleeraphed from Scotland to the
deferdint—" We forward the home ; he will arrive at
Fuston.stafion the evening at 9.45 o'clock." The de.
foulest telegraphed back "Full of horses; don't send
home to-dey." The plaintiff wrote back to pay that the
defendant's telegram was too late to prevent the home
being sent, ard expremed his willingneve to have ac-
couuned tted the defendant by keeping the home fors
few day shad he received timely retire, and requested
that the £lOO he had paid might be returned to him.
Mr. South, the veterinary surgeon, on the peat of
the plaintiff, examined the home in June, prier to the
pureham, anti pointed out the dark speek which ap-
peared at the bottnm part of the horse's off eye, and
after the home's return from Scotland he again exa-
mined him on the 25th of September, and found the
eye partly dosed, and a dulness pervading the whole
eye ball, but the dark :pot was not then vieible, and
he arrived at the conclueion that the condition of the
eye resulted from constitutional causes, and the condi-
thin of the eye W 39 compatible with the appearance it
presented when he first examined it in June. On the
other side three eminent veterinary surgeons were
celled, and dated, in eubstance, that they had examined
the hone aid the eye was quite sound, and if there
had been any constitutional disturbance there would
have been traces of it, and there were none. Mr.
M'lntyre, Q C., moved for and obtained • rule to
enter • nonsuit, on the ground that the plaintiff was
bound to return Cr tender the home at the defendant'.
premi-es and dii not do or, and that such tender was
not dispensed with ; arid for a new trial on the grounds
—l, rid-direction, in the learned Judge telling the jury
that if the eye of the horse was in September suffering
from the earns ailment as in June, althonh the visible
blemish had entirely disappeared, the plaintiff was
entitled to return the hone; and 2, on the ground
that the verdict was against the weight of evidence.
Mr. Ifitddleston, Q.C. (with whom was Mr Phil-
brick), now showed cause against the rule, and Mr.
M'i nty re, QC., and Mr. Wanton 'imported it.
After the case had been fully argued, their Lordahips
stated they were of opinion that the rule ought to be
discharged. The censtruction of the warranty was
that the eve shonlii get right of whatever was the
matter with it. The words " well of it "used in the
warranty imputed that the harm was ill or dimmed
in some way, and was to get rid of it. The evidence
for the plainVff was that he was not "well of it." The
direction of the learned Judge was quite correct. As
to the verdict beteg azainet the weight of evidence,
although the learned Baron would have been as We I
sa'lified if the verdict had been the other way, etill the
cage was one peculiarly for a jary to deal with, and,
having dealt with it, there was no sufficient reason
ehown for disturbing the verdict. And, apes the third
ground, which was, in substance, that the plaintiff was
out of time in returning the horse, it was clear he was
net so. Upon all the grcunds the ride would be dis-
charged.

A dentist advertises that he finds " champagne " the
beet of aonexthetlcs.

THE BISHOP OF CARLISLE ON MUSIC.
On Sunday afternoon the Bishop of Collie, Dr.
Hover Goodwin, preached the third of the sermon,
on "The World and the Thingtt of the World," in
course of delivery at St. James's, Piccadilly, London,
and at the outset noticed the difference between the
subject allotted to him and that treated on the previous
Sunday—the Drsma ' • for the introduction of which in
the pulpit the preacher had made such an eloquent
apolegy.
mug°, the Bishop said, Is a topia which needs no
such apology, for to speak of it Is to speak of that of
which Holy Scripture is fell, of that which accompanies
aud animates the Book of Common Pro) or, of that with-
out which the public service would be cold and dead,
of that which enters largely into the worship of
heaven itself, Taking a double text-- Genesie iv.,
19 22, and Revelation xiv. •2—which he described as
representing the genesis and the &pothole of music,
the bishop traced the history of the art as recorded in
the Bible from ite first appearance amidst the earliest
gores of civilization, eptinctiug from the Stealer
Bile of the human family, from Cain and
not from Seth—up to its exshation to the courts of
heaven, as pictured by St. John in the Apocslypse.
Music having thus come tout at first in purely secular
garb was atoms-ids consecrated to the service of God,
the first recter.ledlinstance of this nature being Mirism's
song, which may be descrit•-ei as a primitive "re
Deurn." Reverting to the lowly origin of the art, the
preacher showed that =idol gifts are found even
among the weak and foolish, and that the Ammo of a
love for, ore knowledge of music ix no proof of want
of mental power. Toe primary root of music is, the
Bishop argued, eensucus, not intellectual, and its
affect, too, IA chiefly BallsUOUB, as on the child
lulled to sleep by the cradle song, the soldier
listening to the baud on the field of battle, who
is peactiolly intoxicsted, or the humblest street-child
under the influence of the humblest street music. I
have, said the Bishop, seen tears produced under cir-
cumstances such as t 1 ese, which showed them t, be
the effect of sound., acti g on the feelitigs aud not on
the run-on. at music is not merely sensuous ; allied
to words it becomes most potent se the great inter-
preter and illustrator of Sc ipt ere ; and as an lost mce
of its power in this way toe Bishep pointed to the
" Mee tear," and declare] that he sow no reason why
the get iris of Handel, Beethoven, and Mendeds hn
should not hens highly honoured as that of the g. eat est
thinkers aid philneOphere. After noticing the lower
teedencies of mum to excite the potions, and remsrk-
ing that, like tire, it was excellent as • servant but dan-
gerous as a master, the Bishop concluded with souse
practical remarks on the care nectessry in its use. As
to the indulgence in operatic entertainments, the Bishop
pointed out that the danger was in the excess not in
the pr- per Use, and that the dissipation connected with
the opera was not caused by the music in it, but was a
atilt which migh be found &leo in the Church, in hear-
ing sermons, and in attending 640 ceremonial worship.
As to church mush:, while rejoicing in the general im-
provement effected, the Bishop confessed that he con-
sidered the movement required care in order to render
it Rafe, and that people must in their attendance on
elaborate services ask whether it was. pleasure or prayer
whieh attracted them.