The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-03-01 00:00:00

COUNTY COURT.

Moss v. Dirun.—At the County Court, on
Thursday, before IL Kettle, Esq., Judge.
Ibis was an action brought to recover the sum
of £9 12s 6d, through a horse trausaction. The
plaintiff is Tuoulas Moss, fruiterer, of West
asroaiwich, and the defendant is Dr. Dixon, of
Quatry Bank. Mr. Jackson appeared for plain-
tiff, and Mr. Hourfray for defendant. plaintiff
said, lam a fruiterer at West Bromwich. See
-
lug au advertisement in a paper for the sale of
Lioree, I went to Dr. Dixon on the 4th of July.
Dr. Dieu,' was uut at home, nor the
groom. 1 afterwards SAW the groom, who said
tue mars was quiet in harness and steady to
drive. 1 asked uim why he was selling it, kmil
toe man said the horse was etou email for the
carriage. i agreed to buy the animal, and I
afterwards SAW the defendant and bought the
nurse tor £23. I told defendant I was no horse
deafer, and I hoped I was doing business with a
gentleman. I had a glass of ale, and paid a de-
posit of £3. The horse WAS sent home to me,
mitt in a week I put her in a trap. She bolted
away. 1 put her into the breaker's halals, and
he kept her for three weel,s. When he brought
set buck, I put her in harness again. She run
away, broke the trap, and damaged herself. I
put her into the trap again, when she bolted and
WAS nearly injured. I wont and saw defend-
ant, and told him about tee mare, and offered to
loose a sovereign if he would take her back.
Defendant stud he would see his son about it
and would wilts me. He refused to take the
horse back, sod I had it sold at the Repository,
in Birmingham. It fetched .elB 7s 6d. 1 paid
expenses, and it left as balance due to me of .e 9
12s lid. Thomas Baws, horse-breaker, proved
that he had the mare iu question to break in
July. Ile had it for three weeks or a month
Ihe mare was very tunic. Until she had gone
is mile or two She was not steady to drive, ht
would jump away and then stop. He turned it
out as incurable. Mr. Humfray, for the defend-
ant, said that the mare was sold with all faults,
and that no warrauty was given. Dr: Dixon,
N tear of Quarry Bank, said he had a horse for
,;.tie, and advertised it in the Birmingham
papers. Plaintiff came over to his house to buy
the horse. He told defendant the mare had a
splint in the leg. Moss said, "I will take her
as she stands, and give you £25. He then went
iota the study and paid witness a deposit of xe.
Wilijan Horton, groom to defendant, gave cor-
roborative evidence. John Davis proved that
he sold the mare to defendant for £25, and that
had it been sound, it would Ilan been worth £5O.
Mr. Jackson replied on the evidence, and his
Honour summed up and remarked that it had
not been proved there was a warranty given, and
gave a verdict for defendant.
In the matter of Samuel Bowen. of the Platts
Glass Works, Stourbridge. An application Was
made by Messrs. Bernard and King, for an or-
der to be made against Mr. Charles Powis, of
67, Gracecherch Street, Louden, the trustee of
this estate, to pay the taxed costs of filing the
petition. It appeared from Mr. Bernard's state-
went, that the sale of the debtor's effects took
place some three mouths ago, which realized
£727 Gs 3d, and that after payment of rent and
e ists of sale, there remained a balance of
£449 its 4i. After calling his Honour's atten-
tion to certain rules relating to petitioner's
costs, Mr. Bernard remarked that he had just
seen an affidavit filed by the trustee in oppo-
sition to his application, and, although he could,
if he liked, object to its being used, on account
ef his not having received notice of filing, which
he believed was necessary. According to the
practice of the Court, he should raise no such
eetion. He submitted that it slid not effect
his application in the least. As to the state-
ment therein about the taxation of costa, his