The Express.
London, England, 1851-11-15 00:00:00

COUR I' OF EXCHEQUER.-YEATERDAY.

BANC..—MITOIII Tee CORD CHIRP BARON, MR. BARON
PAIMR, Ma. BAMuT AI.IIIRANT, AND MR. BARON PI Art.
The Court took the special paper to-day, and was occu-
pied exclusively in hearing the argument. in the case of the
East Lancashire Railway Company v. the Lancashire and
Yorkshire Railway Company, which did not contain any
materials fur a newspaper report.
StTTINUA AT Nig Pale,. —Bo TORR MR. BARqI MARTIN.
ATTLIN O. BLACItiIAN.—PitoACCUTION Cott
In this ease Mr. O'Malley appeared fur the plaintiff, and
Mr. Prentice for the defendant. The sum claimed was
271.165. 64.1., stated to he due to the plaintiff, a coachmaker,
at Kensington, by the defendant, * horse breaker and
riding master, at Paddington, for repairs at different times
to a break and a phaeton. The defendant paid the stun of
W. Is. into court, in satisfaction of all demands, alleging
that there hail been a contract between the parties. 'flits
the plaintiff flatly denied, and the defendant sad his son as
positively affirmed. After a lengthened trial, the jury found
a verdict fur the plaintiff as regarded the repairs of the
phaeton and the first repairs done to the break, and for the
plaintiff fur some subsequent repairs.—Damages, 21. 10s.
Mr. Baran 'Martin then ordered the pluiatitf to come for-
ward, and told him that he felt sorry at being compelled to
exercise a very painful duty. The jury had found a ver-
dict in which he fully concurred, and he felt it his duty to
call upon him (the plaintiff) to enter into his own recog-
Dinners to appear at the next sessions at the Old Bailey,
for the purpose of taking his trial fur perjury. The learned
judge then directed Asplin to enter into his own recogni-
sance, fur 2001., and to find two sureties of 501. each, by
Thursday neat, or otherwise a warrant would be issued fur
his arrest.
The witnesses in the trial were also bound over to appear
and give evidence • and the learned judge informed the
attomey for Mr. Blackman that he (the learned Baron)
was acting under the 11th and I.ith Vict., cap. 100, see.l9,
by which he (the attorney) would be entitled to costs for
conducting the prosecution.
lIENDEnstiN T. lIILLAn.—Tea NEW LAW or EvIDIVICE.
This was an action to recover the sum of 501. 12s. fur
medicines and keels furnished to a horse belonging to the
defendant, Mr. MILAN, a Swiss gentleman, who pleaded—
tint, that he was never indebted to the plaintiff ; second,
that the contract had been effected by fraud and corn. ;
sad thirdly, a set off
It appeared that the plaintiff, Mr. Alexander Render-
son, had been in business as a veterinary surgeon and
livery-stable keeper for 35 or 36 years, and that he had
establishments in Park-lane, Cockspur-street, Scotland•
yard, and Tattenall's. In the year 1819 he was introduced
to the defendant, who had a horse taken ill at Tattersall's,
aril the animal was sent to his stables in Park-lane. The
Inn for that florae's keep and medicine was duly paid ; and
a second account, for attending a sick horse at Mr. liillas's
own stables, was also discharged. That was in April,
1830. Some time after this plaintiff went, at the defend-
ant's request, to Aldridge's to examine a roan cab. Plaintiff
saw it, and tuld defendant that its skin was rather blottheil,
but that it woo nut unsound. l'laintiff advised him nut to
give more than 20. e. for it, and he bought it fur fourteen or
fifteen guineas. The cob was sent to /dr. Ifendersou's

etahles, where it remained till October 13, 18.50. It was
then sent to the defendant at Brighton per railway, and
defendant paid to plaiutiff 111. 9s. 6d., being the expenses
incurred up to that time. Ou the 13th of November Mr.
Henderson received a note from Mr. Fiala', stating that the
cub had turned out "so goy " that he had not nerve
enough to ride it ; and informing him that he would send
it bark again by the railway. The note desired Mr. Hen-
derson would send to the station " the same man WV (who)
took him (the colt) at they well knew each other "
(laughter)—and added that Mr. Henderson might have the
annual for 341., or that he might sell it at that time fur 301.
or 401., adding t the price • guinea for every weik
it remained unsold. In a postscript Mr. Mlles said
" Please rid (ride) him every day." A Mr. Attwood
having offered 211. for the hone, Mr. Henderson wrote to
intimate the bid to Mr. Ilillas, who returned the follow.
ing answer from Worthing, dated the 31st of November :
Dear Sir,--1 am obliged to you for your note, and
Mr. Attwood fir his offer. The lowest price for
my cub is stated in my last, and you know I am a loser
then. Amen." (Loud laughter.) In January the hoe o
was seized with the influenza, and was treated fur that
complaint by. 31r. Henderson. Mr. Hills came to dispose
of it, but as it was then in a bad condition, ho was advised
to defer the sale. In May it was sent to Tattersall's, at Mr.
Hillas's request, but no bid sufficiently high to suit Mr.
Hillas's views thine made, it was taken back to the stables.
Both before and alter the attempted sale, Mr. Riling asked
Mr. A. Bluzliain Henderson (son of the plaintiff) to take
it fur the bill, but he positively declined. In September
Mr. Ilendenem thoualit it was high time to ask for his ac-
count, and the following wee the reply which he received.
It was addressed to " Mr. A. Henderson, A 8, Park-lane,"
and was evidently intended for Mr. A. Blosham Hen-
derson '" Saturday night.
" Mr. (lilies is much surprised at'the contents of Mr.
Ilenderson's note, as it was mutually agreed in my last, that
lou took the colt for your second bill. One bill for
11. 9s. lid. was paid you for the same horse which Mr. H.
bought on your lather's recommendation, and never worth
a el—. it is not likely that Mr. 11. would be such an ass
as to 'lee (leave) a sound horse with you all summer for
your use. To make the story short, Mr. Henderson must
not expect one tiff. from Mr. H." (Laughter.)
In answer to this Mr. Henderson wrote demanding his
account, but receiving no answer he made inquiries re-
specting the ilefindant's address. He was told that Mr.
Hillaa had not succeeded in finding a horse in England to
suit him, and that therefore if Mr. Henderson did not take
the cub for his Ina he would go to Switzerland. In cense-
queuce of that Mr. Henderson procured a judge's order fur
his arrest, hut that judge's order was afterwards set aside.
Mr. Henderson and his two sons were examined at length
in proof of slaw statements, and Mr. A. B. Henderson
admitted that Mr. lidlas had lent him SW. pend-
iug the transu tunis mentioned above. Mr. J. B. Hender-
son, the otle r son, said that in August last he was riding
the horse on Constitution-hill when he met the defendant.
Defendant said, " What • nice cob!" Witness said,
" Don't you know him i" Defendant replied, "No I
hardly ko.ew him." Witness said, " He's quiet now, will
you ride him i" Defeadant refused, and, taking hold of
the bridle, hit the hone and said, " You devil, you have
pat me in for more than 301." (Laughter.)
Mr. Janus commented strongly on the conduct of Mr. H.
B. Henderson in causing the defendant to be arrested with-
out snaking proper inquiries for his address, and without
actually 'moth' him the bill. Mr. Hillas'e impression woe
that he hail made an agreement with young Mr. Henderson
to take the horse for the account, but he (the learned
counsel) would not caß him, because the jury might dad
for the plaintiff on some other ground, as, for instance, that
young Mr. Heinle:sea was not authoriUd by his father to'
mike the exchange, and then Mr. Villas would be open to
the imputation that he h id been disbelieved on his oath.
Mr. Baron Martin said the learned counsel had exercised
a mnet wise diser.dion ; fur that was just the point which
bad struck him. The case was entirely dlffereut from the
last • it was clear that Mr. Hills. had thought that some
such' bargain had been made ; bat even if it had, it
bed net been shows that young Mr. Henderson had
authority to take a horse in payment ka the account due to
his father.

A verdict for the whole anioant was accordingly riven
for the plaintiff, and Mr. Baron Martin recommvaded the
►one to be toll forthwith, or the defendantlwould be
having another action for keep, as the seismal still remained
et the plat tirs stables.