The Express.
London, England, 1864-02-03 00:00:00

COURT OF QUEEN'S BENCH.—Frs. 2.

After Term Nisi Prim Shanty at Weetnnoster.—(Before
Lord Chief Justice Cockburn and Speo2l Juries.)

This au the first day of the Westminster Mier 41111 sou
ptius sittings. The bit is light, numbering only 64 was.;
kcluditg 23 remthets ; 24 are marked fur special juries!.
The practice of having so many courts sitting at the
same time without the neoemary accommodation was this
morning brought toa dead luck, and additional costs thereby
unnecessarily incurred by many of the suitors. Notice was
moon that the l‘hicegi. Bench would to-day have two nisi
prius courts and one Osseo court sitting, but a third court
could not be found at the eleventh hour in Westminster-
ball, and .dr. Juati.c Slice and the common jurors bad to
go over to the Sessions-hostas, bat the court not having
been prepared for their reception. his lordship was unable to
proceed with his lot of common jury cases. in addition to
the want of a sufficient number of properly constructed
courts, the greatest umonvenience exist. from the over-
crowded state of all the present courts (especially in block-
iag up the entrances), owing to the non-existence of proper
regulations for that parpae. The inoonveuience is quite as
greet to the members of the bar to as all others who have
business to transact

QUARTERKAINIC V. MORRIS.

This was an action for a breach of warranty of a horse.
The defendant denied the warranty, and declared that the
hone w s woad.

Mr. Hawkins, Q.C., and Mr. D. 1). Keane were counsel
for the plaintiff ; Mr. Macaulay, Q.C., and Mr. Barnard,
were counsel for the defendant

The plaintiff is the well-known horse-dealer in Piccadilly,
and the defendant is Colonel Morrie, residing in Cadogan-
place. The horse was a very showy animal, and attracted
the plaintiff's attention previous to March last year. On
the 31st of that month the plaintiff and his son called on
the defendant and hod a conversation with him relative to
the hone, and is answer to questions put to him by the
plaiatiff, the defendant said the horse came from
Yorkshire, sad had been in his possession about two years.
lie said the hone WAS perfectly sound, and he asked 230!.
for him, a sum which the plaintiff considered the horse was
worth provided be was sound. The plaintiff naked to be
allowed to go to the mews and examine the hone, but the
defendant objected, saying that there were a great many
" coping" fellows about the place, and that if the plaintiff
should not buy him after examination it would spoil
his sale. lie also objected to the hone being sent to the
plaintiff's stable on the same ground. On the 4th of April
the defendant called at the plaintiff's stables, and on his
suggestion the latter, with his son, went in the afternoon to
Cadogan-place to see the horse. The groom trotted him up
and down once or twice, and then gently cantered him, and
the plaintiff afterwards walked round -him and noticed his
general figure aid appearance. He noticed a slight blemish
about the size of has nail on the throat, but the defendant
said the horse was perfectly well, and that there was not •
sounder horse in the kingdom. Upon that warranty the
plaintiff said be would take him st the price named, nod
accordingly the borne was sent that afternoon to the stables,
and the plaintiff sent back his cheque for 250/. The
hone was taken every can of by the plaintiff till about
the 25th or 26th of April, when the Hon. Mr. Coventry
called on him, Rod after describing the horse he
wanted, was shown the one in question, which he
purchased for the sum of 350/. Mr. Coventry took the hone
away, and in the course of a few days the plaintiff, to hie
eatonishmeot, received an intimation from Mr. Coventry
that in his judgment the horse was unsound, having some-
thing the matter with his wind. The hone was taken to
t►e Veterinary College, and pronounced by one of the pro-
fanes to be a " whistler." Plaintiff on that took back the
hem, cancelled the sale to Mr. Coventry, and immediatel►
communicated with the defendant, requesting him to take
back the hone and reform the cheque, but he declined
doing so. The hone was kept by the plaintiff till July,
when he seat him to Tattersall's, when he was sold for
156/. 44. 6d. set, leaving • balance of 91'. 15s. 6c1., which,
with 121. 4s. lid. for keep, and 1001, lose on the sale to Mr.
Coventry, the plaintiff now sought to recover. It appeared
that the horse Lad been under the care of Professor Mayor
for Wavelets, and was in the month of March under the
care of Mr. Millisms. veterinary surgeon, suffering from in-
flammation.

The Lord Chief Justice said it was doubtful whether the
pbuntiff wee entitled to recover the 100/. A similar point
was now under the consideratiou of the court—viz., whe-
ther a pence could recover for property which never would
cc could bays been made if the person complained of bad
spoken the truth, because the bargain would never have
been made.

Plaintiff aalid on defsodant after the examination of the
horse, and showed him the certificate, when he saki he was
ware the horse was sound, for Mr. Mayor had examined him
within three months of the sale, in consequence of his
baring picked up a stone, and had pronounced bin) sound.
Plaintiff said that was no comequeece, but be should ex-
pert him to take Lick the horse. Colonel Morris did not
previous to the purchase suggest the examination of the
horse by a veterinary surgeoo.
In •:;ross-exaraination, the plaintiff said he did not hear
the huron " 'thistle" when be was trotted up and down
Cadog.th•place. He was trotted very fast once, but cer-
tainly not twelve miles an hour, for be could not do it.
Plaintiff called at defendant's house in his absence the day
of the sale, before the latter came to his stables. Defen-
dant did not urge him to have the horse examined by a
veterinary surgeon, as stated in one of liis letters. Plain-
tiff, in his reply to that letter, took no notice of that Mete-
meet It took bard galloping at the college to make the
horse " whistle." He never heard from the defendant that
the horse had been two years tinder Mr. Mayor's care, and
that be had the strangles very bed in IS6L
In reexamination, plaintiff said he purchased the boric
entirely on the warranty.
Mr. quartermaine, jun.' deposed that he went with hie
hither to see the horse' and that the defendant warranted
the horse perfectly snood, that be bad had him for two
years, and bad never known anything the matter with him.
Is cross-examination he said the defendant did not ask
his father down on the 4th to examine the horse, that he
was to make haste, for there were only Al minutes to do it,
and his replying that his father could examine 15 hones in
that time.

Mr. (uartermaine was recalled, sad, in reply to questions
from Mr. Macaulay, said that on the morning of the sale of
the horse at Tattersall's, the detendant and. Mr. Mayor
were there looking at him. Ile objected to the horse heirs
saddled and ridden, because be was entered as a barnew
horse. Mr. Tattersall decided it was against the rules. If
the horse had been ridden he would not hare fetched hell
the rnoney he (lid. Ile did not know it Colonel Morris
wished the horse to be ridden.

By the Lord Chief Justice—lf be had been ridden round
the riot, he would hare shown to ever} °Le that he wu a
" whistler."

Mr. George Harker, moistest to Mr. Williams, veterinary
surgeon. Pimlico, who was too ill to attend or be examined
by oommiwioo, deposed that in March last the hone was
suffering from congestion of the lungs, and that mustard
poultices were applied to the throat
Mr. Mayor, veterinary surgeon attended the horse in
April, Irtbl, for • very @even affection of the throat, known
as strangles. Ha was ill about • month. Witness again
attended the horse for laiseseen " Whistling" mu • de-
cided unsouodneria. To • certain extent it impeded the
breathing. Strangles was • common came of whistlieg.
Croraersmined—He had no idea op to the last that the
borne WAS a whistler. He had noopportunity of trying him.
The horse, he believed, was purchased at Tattenall's by Sir
James F ergus.on. M. P.

Mr. soZeer. prioeiial professor at the Veterinary Col-
ter., examined the bone in May, and foun be was a
whistler." The disease was of long standing, and ten-
dered the horse unsound. His opinion was that the un-
soundness had existed for more than tiro or three months.
Disease of ►he lungs in the March previous might hare
aggravated the disease, or have laid the foundation of it,
if it had not existed before.

Cross.examised—The " whistling" he noticed on the 12th
of Iday , ould not beset:omo on from paralysis of the wee
after the ith of Aped. It would have been a very exoep-
tional caw if it had.

Mr. John Vermeil, professor at the Veterinary College,
esamiaed the horse twice, and fonod him uosonad. He
considered the strangles, aggravated by the sore throat, the
caive of the disease.

The defence was that no each warranty as alleged wan
given. but the drfeodant believed at the time of the sale, as
be lion new, that the horse was wood. The plaintiff sought
after the hone, and the defendant was an unwilliog
and LP urged the plaintiff torah in his son-in-law, Mr. Mayor,
to es.ooine the bone before minimise ; hut looked of that
be bought him on his own examination sod judgment. The
illness of the horse before the purchase had been much ex.
alliterated ; and with regard to the blemish is the seek
arising from bleeding, it was pointed out to Mr. Quarter.
midue, and examined by him. Colonel Morris had given
directions to two livery stable-keepers to sell the horse for
2.101., but not to warrant him, although he fully believed
him to be sound. It wag contended there wan no evidence
that the hone wan unsound when he was sold on the 4th
April. fin James Fell/anon had bought him for a brougham
bone, and he had never complained of him. The plaintiff
mould be materially contradicted, and the defendant coo.
sidered the action a false and unworthy accusatioa.
Culooel Morris, C.a. and assistant-inspector of voles.
brars—llis horses were kept at a public livery stable. He
eve Mr. Sewell, of Popham, 1054 for the horse in UAL
lb wag riding bar yams old at tie tins. ila