The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1866-11-03 00:00:00

TIIE STOURBRIDGE OBSERVER.

Mrs. Joscelyne and the defendant, and that the table was
sold the second time with one leaf ; and therefore must
give judgment for plaintiff.
Mr. Maltby applied for the costs of the last day, as the
case was adjourned for the convenience of the plaintiff,
which were granted.
ClOlllOll v. HUAI.

This was an action to recover the RUM of £ll 10s, the
balance of a gold watch sold. Mr. Shakespeare appeared
for plaintiff, and Mr. Perry for defendant.
Martin Zutsman, said that he was in the employ of the
plaintiff, and on the 21101 of June last sold the defendant
a gold watch for 1:12. 108 was paid on the watch at the
time, and defendant signed a document agreeing to pay
10s per fortnight. The second time he went for pay-
ment, defendant Mid the watch did not Rowell. He then
took it home, and had it repaired. When witness took
it back, defendant refused til have it.
Samuel Gordon proved that he went to the defendant
after the watch had been repaired. liefendant refused to
pay any more money although lie had signed a written
agreement.
Mr. Perry contended that plaintiff was not entitled to
more than £3 according to his evidence, for there was
bat £3 lOs duo, Itla cif which was paid; and that the
watch (which was warranted for five years) was to be left
on trial. The watch wont so badly that he let him have
it back again.
Ilis Honour said the term of credit was unexpired.
All he could do was to order payment for the amount
due.
James Hanley said he was a clerk at a colliery. Plain-
tiff asked him to buy ii watch which lie baid wan a good
one worth £l2, and a good timekeeper. On the third
day he found that it was neither, and returned it. Ile
afterwards found it placed on his desk. Plaintiff war-
ranted it for five years, but did nrd give him the written
warranty.
Joseph Baker said he worked at the colliery where the
defendant was clerk. lie naked him to buy swatch, and
said lie would warrant it for five years. It turned out a
most one.
His Honour said the only amount that could be
awarded was the amount due, £3. Then Caine the ques-
tion as to whether there had been a warrant given or not.
He held that thero had not been any warranty given, and
if the defendant hag been taken in by the plaintiff he
could not help that; must give a verdict for the £3
to be paid in instalments and costs.

Warranty Casc.-11.micr v. 111111.
This was an action brought to recover the snm of £9
On 11. being the amount of loss sustained by the plaintiff
through the purchase of a horse. Mr. Homfray, of the
Orin of I (mutiny and Holberton, appeared for the plain-
tiff, and Mr. King of the firm of Beniard and King, for
the defendant.
The plaintiff is a chain Master, reitiding at Cindley
and the defendant inn lire brick manufacturer, residing
at_Aniblecote.

Mr. Houffray said that on the lath of June last, at
Wolverhampton market, a man named Stinson sill the
plaintiff a bay colt, about 14 hands and 3 inches high, for
.£l9. Stinson warranted the horse Bound, and steady to
ride or drive. Next day plaintiff had to go to flidesowen.
The horse refused to go, reared up, and kicked. Next
day plaintiff wished to go to Netherton, and aitw Mr.
Ilingley who tried to ride the hone, but the animal reared
and threw Mr. 'Bagley, who Mln very near falling upon
the plaintiff. A corn spondence followed this. Mr.
Homer complained to Mr. Hall that the horse was not
what it was warranted to be. Defendant refused to have
it hack, and Stinson was sent for, and ou being told what
the horse had been doing took it fig a week to break.
The horse was ultimately sold at the Repository, at Bir-
mingham, for i 9 lb s tid. There were 81,1110 eapes,eo. it
Pid for Stinson. if lie proved the shove facts, lie should
ask for a verdict for his client.

Richard Homer, said: I went to Wolverhampton mar-
ket for the purpose of buying • horse. I saw a Ulan
named Stinson, who hail a beanie to sell. Ile maid it was
quite sound. with the excinption of a splint liclow the knee.
lie askod /20 for it. Ile warranted it sound, and steady
to ride or drive. I offered him /19 fora, and bought it.
Stinson said that he broke the horse himself, or he would
not Lavin wino anted it. I guise II chive payable to Mr.
Hall. On the next day I put him in 11.111-911, tin drive tin
Ilalesowen. Ile would flint gin out of the yard, and jibbed,
and I hail to lead him. When inn the road to lialesoweu
he tried to rear. I thrashed him. Mr. Monier, my
partner, was with me, and got out and hail to lead him.
On is dining loan he la-gnu to rear again, and broke tine
kicking strain. On the Saturday I had tin go to Netherton
and attempted tin ride the horse, a hen Inc began to rear.
I RI It off into, and asked Mr. Hingley to let We leave Lira
Ii the .604, lie said lie was nit afraid .4 the horse,
mind got on him, but One animal reared and lie fill on his
back. With tliat I sent for Stinson and he edme over,
and I tilt him the whole affair. Ile tried to ride him,
hint mold not. After that I wen: tin lirtausgruv, market
and Stinsan drove the horse. Mr. alublierley asked
Stinson if he was safe. Stmson No; he was
Unit," With that I saint it hack the nest day, but the
defendatit rafinied to raceive it. Some corn apes. hinge
biiik place aft,' that. Defendant stnll refusing to take it
Lai lc, it was aftn n wards sold at Birmingham, mid fetched
PJ IVA 6d. I paid Stinson It as for I.ti ji mid breaking.
. . . .

Samuel Moi;ln rley said: Oa the 1,.;.11 of Jane, 1
in etaul..ny nit'a the Init aitni., at WolverLaiur.. a.
Stawou " 1 blive tbe borne to bulan frilly sound,
cue, 1.4 a 1.111,1 ou thu kin, e, inrul tinict to rink and
sna wilt...a-rant it ; and thong lit it wonlil null Mr. di u,utmt.
ford hill. 1 litre ku..au tlio brine since it iv.
Aid olrei..l /1:1 for it."

that lo lived at Crudity. On
the 13ut of June the plaintiff sos goieg to ditto the
horse to llitiesowen. The horse referod to go, mid lie
had to get out to lead it. On returning the horse retest d
to go, sod broke the kicking strap. Alto. 1114 be a vut
quail) home.
Jot,u itiogiey, of Crmlley, proved that the plaintiff
brought the to, eto him, suit asked Lou to ride it. lie
got on, al on the real ill up cud threw lon.;iou
Lioe annual itself fill backward+.

fr.. the di fetter, Mr. King 111. if d the warranty ; and if
Stinoon stair:wird the Icor. Ice hut no aulloorek) to do
..0. 'the animal an, otnady to ride :ccal c• 1•••••••••••• 4a.
nul, coot aro Co :ans. Mr. AtoLLK rley knew that the
fewlant unite on: ranted n hone.

John Mal', 1.11.1 manufacturer, ilepostd: Mr. Mobtrr-
-1,1 nil. d up. '0 tlle, and said he thought the home would
I, .r Mr. AI lord, who regain d a horse to run in Isis
trap. TM re a nothing %Milt 10;01 t any warranty. 1
atiked 1.20 for the home. I iod go., l'inson any au-
thority to it Arrant tlii• horae. The Lori., has bug 11 di 11,11
by sot twit/milt. tle ttuiit Acuity. kii•VClr haul 11113 1.111-
jal suit.
J..lat Tinson, di 1,w.. : I am a home dt al. r. The
Momo in gut stMn xi, it brown rim, 'militia., Er.. gin... r,
or a light (lap. From what 1111.11.01 midllk the
umi Let. Mr Mad:, ilt.y calm
up hi 1111 d W14,11111' to 11l is 1:1.1 ride 1 up lb.: 111:1,
and itfterttaids Orel oil no- /19 hr it, mid tleit bletioet
Mr. II II lie a etild In. aiintteriabie tor it. Thera was.
mithinp, said about warranty.
. . _

Nl, ilium Brettl.. Loader, ri,lin a the Ile, pri.weil
aloit L 4i owe the her.: oat xamt Isl. Lorm.
r 0,1,1 1,. tier,

J depotv.tl 11121/ he MR+ rnannger to Mr.
Hail. He Isati fr. pitiati) tit MAI tie lI,IfII al lis
Ile went well mid vont a gta.d
'a Iliam tie., wagoner, proved hut in: had oft, n driven
the lior‘e i.ut. He Wits alMitys ht 4 Atly.
11.1,immii.1:01.11.411 and 1 nun,. Fletcher corrub.,rated
the la,/ ititnem,

Thunois Cook, horsed...ller, proved boy' g the horse at
Birmingham for 10 Ilk ht. His non rode liii.. home 2$
miles. Next day witless drove hiin in hallll,d, and no
foor.year I ,141 horse ever went h. tter. Waness had sines
cold it for /17. Ile warranted it sound. He sold it to a
dealer at Bristol—five days afterwards at %Vol...stet
Fair.

Mr. ficonfray rilaird on the whole, and
Ili, Honour then MIIIIIIII4 Ilp, met remarked that he
would much rather the case bad been tried by a jury, but
as it was not be must deride it. The gum :thin was—tv.ia
the horse a :trrauted oe not, mid did Tinson warrant it
without autlomty, Mr. Alobbeiley and the other wanes-
sea had given their eveidence in u very straightforwaid
manner, and also some of the witnesses for the defence.
Hut lie must say that the woy liaison gave hi. eVilhAtel2
was nut at MI satisfactory to him ; mind lie was of opinion
that when toe horse was sold, Tinson, who no doubt was
the :Igent of Mr, Hall, gave a warrauty, anti said he VMS
steady to ride or drive. Under these eh rumstanees he
uitia gins it verdict for the jilliutitt, and costs.

Thc Asvlptccs ff Ilaricr V. Jcaeo4s.

This was fin action brought by the nssigneesof flicbnrl
netcht‘r against John Jenrons for 11.

Mr. Collis apppeared for the plaintilio, and Mr. Horn.
fray for the 4it feedurst.
. .

ltdiurd Fbicher dr posed that be wni a bankrupt in
April bet. lie purelia,.ed a watch from Mr. Dellteridge,
pri vious to his bankruptcy, mot was to give /5 for it, to
be will iii six months. His hrothertn-law, the defenlant
had it ott of Mr. kinemillan's shop, with toy permission.
Cr....examined : I did not pay for it, but was to give
r, for it. I bought It I. fire my bankruptcy, and it was
pledged at Mr. Macmillan's. I borrowed /1 of the de•
fene.ant, niiil my wife borrowed /3 10s, making 17 101.
Mr. Doff midge, auction.•r, Ihierley liii. proved roll-
ing the watch to Fl. in belialf of the creditors.
For the di fence, Mr. Moab ay eallcd J. livens, alio
mai.l that he lent the money ti los) previous to Fletchrt's
bankruptcy, and thut he bad the pawn ticket as leteLl• ty
for the
_money I ci._

Ilia Honour mad he WM mati.fled that the tranaartion
•ith 'leavens Was Of a kW." /WC Clianlllll,, Mid that lo
(denvonti) kn,w nithom of the lintikruptcy id Fletrlicr.
The ticket nrci 1111 dollbt given to JeliVoll4 for security for
the money lent, nad he must give • verdict for the de-
fendant.

pledged his credit by giving a special contract. plaintiff
could not recover, and an attorney was not liable.
His Honour remarked that unless it could be shown
that there was a special contract, he did not see how the
defendant was liable, and the summons was wrong: as it
stated for services attending an arbitration at Stafford,
whereaa it was partly for work done at some property at
Wordsley. He suggested that the Plaint Note be
amended.
Mr. Collis said he did not object to that as he had a ,
very good 'mayor to the action.
Plaintiff eroas•examined The first time I went to
to your race you did not say that Rowley had a dispute
with Oman named Pool. You did not say the ease would
be tried in • day or two at Stafford. You said Mr. (kilt.
ing was the architect. Did not tell me the points in dis-
pute. Did not say that one of the points in dispute was
the quality of the work and the timber. You told me to
look over some building at Woriblev. Did not know
what you wanted the particulars for. 'ma not know but
it might be for a mortgagee. The first time I saw you,
you urged me to go and make the valuation in the after-
noon as time was prefixing; but I could not. I have re.
ceived £9 2s with subpienas, and you sent with a letter
£2 2a more, and said that that was all that was allowed
by the taxing master. Your clerk wanted a receipt in
full for all claims. My wife sent the letter and money
back.
Thomas Henry Gregory, clerk to the defendant, pro•
duerd a diary, which showed a long attendance, explain•
ing the nature of the business on the 6th of March with
the plaintiff.
Mr. Collis eitad several eases that had been determined
where an attorney was not liableunless there Wang special
contract, and denied that there was one in this rase.
He explained the nature of the business to the plaintiff,
and he knew that he was engaged by a client named Row.
ley. ably replied, lint
ms Honour said that it had not been shown that there
, was a special contract, and that an attorney was not bound
to give his clients name; and complimented Mr. l'erry
for the plucky way in which he hail contested what he
considered a very lame case. Ile must nonsuit the
plaintiff.

old reformer as President, to guide us. We have a ,
sprinkling of old reformers on the committee ; and, for
our short existence, we have a fair unity of the middle
and working classes. And we have besides—what is more
important still—two Liberal members that represent thin I
part of the county. And, although we don't often find
their names in farliamentary debates, I don't think we
can find their votes on the wrong side—(cheers)—at the
least we dill not in the last bill—(applanse)—and that is
more than our adjoining county friends can Bay. When I
their mis-named representatives come creeping out of
the "Cave," I hope they will remember the resolution '
they passed at one of their first protestation meetings—
; a vote of no eonfidence—(cheers). They solicited your
suffrage in a fair way, and then betrayed you in a foul I
I way; they pretended to be Liberals out, and Congers'.
Bye., within; and any man that sails under false colours
ions good for queen or country—(applause).
I Mr. W. Wright and Mr. T. Wright, delegates from
I Birmingham, also spoke strongly and ably in support of
the resolution.
A vote of thanks was moved to the deputation from ;
Birmingham, by the Rey. I). Maginnia, who, in doing i,I
said lie was a Reformer from sincere conviction, and he I
had always advocated Reform in his humble sphere, ac.
cording to his ability and opportunity; though his views
were not ou • par with those promoted by the Reform
League. lie could not go quite so far as some of the
gentlemen had gone that night. He was of opinion that
there should be some qualification to entitle persons to
vote, but he was not prepared to say what. lithe League I
would accept him as a member with those views he I
should have mach pleasure in joining theni—(cheers).
The resolution was seconded by the Rev. James I
Richards, who also advocated the principle of Reform,
and exhorted the meeting to einne forward boldly, unit
join the League.
A vote of thanks to the Chairman brought the meeting 1
to a chem.