The Express.
London, England, 1864-02-18 00:00:00

COURT OF COMMON PLEAS.—Fits. 17.
SECOND COURT.

Sittings M Nisi Prins in Loadon.—(Balar• Ur. Justice
BONI and • Common Jam)
. NORLIT N. CAMPBELL-Boni WARRANTY.

This wee on &Aloe to recover damages, epos the ground
that a bey gelding purchased of the asteedent MIS not quiet
to drive.

—hir. leeks, Q.C., appeared for the plaintiff ; and Mr.
Las•oa for the defeedant.

The plaintiff was Yr. lt. Morley, of Gutter-lane ; and in
the autumn of last year he saw an advertisement by the
defendant, who resided at Laughter., offering the hone for
sale, mud he communicated with him. On the let Nov. the
defendant wrote to the plaintiff a letter, in which be de-
scribed the hone as quiet to ride and drive ; and the plain-
tiff, about a fortnight afterwards, purchased it for 421. The
plaintiff's one was, that so far from the bone being quiet,
it we in the oonstant habit of shying, aid it wee dangerous to
drive it. In consequence of the plaintiff's complaints it wee
arranged that the horse should be sent to Mr. Dyer, the
hone-breaker, sad that the party against whom be reported
apes the queen°a whether the horse wen quiet should pay
his amps. Mr. Dyer reported that the horse shied, that
this arose from fear, and that the hone was not fit to be
driven in a brougham. The defect, however, was curable,
bat the cure would probably take twelvemonths. me
Ending that he could not use the horse, sold it at
Aldridge's, and received net 171. 140. sd. ; and he now
claimed to recover the difference betwsee this sum and the
pnee he had paid ; in addition Mr. Dyer's charges
71. 16a. 9d., the total amount claimed bang 31/. 17s. 4d.
For the defendant evidence was given that he had pur-
chased the bone is July last ; that he had bad it regularly
broken, sad that having drives it repeatedly it was quiet.
One of the *tames& however, admitted that the horn was
" eicidials" another that he " swerved," and a third that be
" looked at things sad went round quick." It abeam denied
that there bad been the arrangement as to paying Mr.
Dyer's shame&
Kr. Justice Bytes directed the jury that it the terms of
the defendant's letter wen mutually understood to be part
a/ the bargain, then that letter amounted in law to a
warranty. As to the other parts of the 01114 they must form
their own opiate as to which integers they gave credit to.
The jury found for the plastid, bat maid that they
allowed only half Mr. Dyer's charge&
Verdict for the plastid for 271. 18s. 11d.

COURT OF PROBATE AND DIVORCE.
Pu. 17.
(Wan taw/ Judge Ordinary.)
EADILLCOTE E. •AILCOTT LED azacrrs.

After our repeat left yesterday,
Mr. Barton, • veterinary Ramon at Paiguton, stated
that is July or Amin* 1861, ke was riding Moog Goodriag.
tom-Lee, and he andelenly came upon the rspo•denta at •
gates One of them bolted one way and the other the other,
the co- respondent hold's./ his coat dome monad him.
Agnes Steer, • moistbly aurae, who attended the respon-
dent I. December, 1860, mid that the aoudad of the peti-
tioner to his wife bad bees hke • linebaisre. He wee &airy
with her for going oat in the snow nine or ten days after
her confinement.

Jane Eon had lived for two year. in the semi°. of Mrs.
Narracott. Had seen Mr. Hesketh wave his handkerchief
to Mrs. Narrsoott as she was sating et the parlour window,
Ma Nursoott would thee get up tiumkly, dress, and
out. Mr. Narnicatt left honor for bosiosss at half-past 8 m
the morning. Mrs. Nansoott would go out very soon after,
and sometimes she would not come home to dinner. The
family dined at 1 o'olock. Mr. Narrsoott did sot some home
at arl till 10 o'clock at night. Mrs. Narrsoott would be
I out the grester pert of the day, but she got home before her
boikaod and moot to bed directly. Mr._
_Narraoott was
often angry with her because she would give no &c-
-omet of her doings in the memo of the day ; otherwise
he never behaved all to her. Onos be west away no horse-
back to Sad her. She finally left the hones on a Sunday
*ramie& and she took with her the youngest child and a
little servant girL
Orose-maininied—Wu sore that the petitioner did not
horsewhip the respoodest before she left. Saw them part.
She said the would sever come back aide, and be told her
that she had better remain in her home. She had left borne,
as she said, to ge to sherri, but instead of doing so she wait
to Mrs. Pratt's, sad bar husband seat for her. She said
that it war a bard thing if abs meld ant p out without
being met for, and she &dared that she would go awe
altogether. Never heard the petitionerstrike the rsepoo
eat, abuse her, all her COWIN, amass, or swear at her.
This was the petitioner's ease.
The Queen's Advocate having briefly addressed the court
on behalf of the orreepoodent. called
Harriet Scarborough, who said—l am mother of the re
spriedsct. lam the widow of a solicitor, and am Boise on
ay own property at Paiegian. I did sot know the pod-
Moser till I beard that he bed hem eerrespodisg with my
daughter. I celled apoe him, sod he deal. d it. II than sent
my daughter to Prams for eighteen meths. Four or
fire months; after her rotors she was married to Lou,
I did sot know of the match till a week before
the wedding. It we. shapelier agaiest my wish.
I did not see the parties till about two years attar the mer-
rier. My daughter bad then a child. She stied very
much, and said she wee most shamefully treated. I did sot
wish to see Mr. Narracott but she entreated me to do so.
After this she coostaatly ranted me at Paigntee, and weer
aortae% in her complaints. She at last tame to live with me.
She wee wretchedly ill. She stayed with me am months.
Her birobawl sever visited her ; bat she wee at lest ream-
' died to him, and went back to his home. I sever visited
them after thee. and I have sever spoke. to the petitioner ;
I never was in the habit of speaking to hint. My daughter
• bee sailed at my doer ones sines, but I did not see her, I
bad atilt supplied her with Mother and
Crosonzaramed—l Nappies that my duo yes vary
mash attached to Mr. Narrsoott before she was married to
him. I tried to make her give him lap. but she world not.
I do not know that he was ailachsd to leer ; I know Botha.
about him. I pee no Ywiiling mussel to the marriage.
I did not choose to visit my daughter for some tams, and
I would wet have snowed her beibead to visit me. I did all
I could to prevest her flea returning to him ; bat whoa I
found that they lowa meeting oat of doors sad were come-
pondiag with each caber, I told her she bad better go beak
to bine.
eagle, Oewrt—l did wet haw that my dais/bier was
beak to me when she returned. Mr. Nernoott came
the same night tom gate, and made av great a distarbanos
that I sent for a ps @basld my fir. Maranon was
two or three and thirty whes be married my &nigh
_ter.
I 111. Ellis—l am a monthly awn% sod slid
Harramit at feereeseedeeobasemet. Mr. Hartwell wasafter.
war& pat in prime fey debt. His wile visitod hist is gaol.
Ilisahreirds west bidet* MN leap. Maur this time Mime