The Express.
London, England, 1865-11-11 00:00:00

LAW INTELLIGtfitiCS.

BAIL COURT.—Nov. 10.
al NM Prins st Westminstir.—ißelore Mr. Justice
Blackbern sod s Common Jury.)

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valLtaire e. anuivni.
This wee so action to receiver oompeaestioa in damages
for an alleged breech of metre" relative to the purehedis
of four colts. kuown as The Emperor, The Prince Imperial,
Primates Eugesie, and Bouquet The defendant pleaded
a Dumber of pleas, traversing the allegations in the dee

chiretion.
Mr. iluddleatoo, Q.C., and Mr. Butler Rigby were
counsel for the plaintiff; Mr. Berjesat. Hayes and Mr. F.
H. Lewis ware counsel for the defendant,
The plaintiff is a gentleman of (octane residing at
Chantilly, in Frame, and the defendant is a trainer and
breeder of ran haves, at Bwatcliffe stud-farm, near
Banbury. in Oxfordshire. The plaintiff, like many other
tiintlemen in Franca, eacouraged by the interest felt
the Emperor in borieraciog, and emulous of the dis-
hy
notion that had been won by the breeders and traineendrs
of horses in this country, had adopted that pursuit,
he was the owner el • end of !unhorses of great
value. In Nov mbar, 1864, he woe an to purchase
some horses to add to his racing stud, and he wait to the
defendant and looked over his stad of horses. Be there
saw four horses which he thought would suit his purpose.
They ware about 18 months old, sad named The Emperor,
The Prince Imperial, The Princess Eugenie, and Bouquet,
and after some conversation he purchased them upon the
following terms, which were reduced to writing both in
French and English—vise., that the defendant agreed to sell
the plaintiff the four named horses for the sum of 12,5001 r.
payable by bill for that amount on the 15th April fol-
lowing. The said colts were to remain under the care of
the defendant from the lest of December, together with •
mare called Fanny, belonging to the plaintiff, for 261 r.
per day. Two helpers oc ;rooms, in the employment of
the plaintiff, were to remain at the defendant's with the
said hones until the antra in Eegland of his
triage, Mr. George Dawson.
them would ilea take
them under his cars. The defendant to he en-
titled In the event of the plaintiff winning fevered
races, and showing a profit of 1.2001. in the second sad
third years. till September, 1867, to a further sum of
12,5001., which the plaintiff agreed to pay out of the profits.
As security for the bill of 12,500 f. the plaintiff agreed to
leave in the custody of the defendant Wes horns. tamed
Demos, l'Africainne, and another, until the payment of the
bill. Two grooms were sent hy the plaintiff from France to
the defendant's. who took can of the bones for some time.
In February, 1865, the plaintiff wrote to the defeadant,
stating that he was coming to England, and wouldm=
over sir horses, three of which would be the horses
to be left as security for the bill when the other hones
were taken away. sod he requested that the four bongo he
bad purchased should be sent to him at the Rockingham
Hotel, Doncaster, when he would pay the amount of the
bill, or leave the three hones as security for the bill In the
meantime the plaintiff heard that defendant had sold the four
horses to a gentleman who represented himself to be a Rue.
sin prince, and that the hones had gone off. On applica-
tion be found it was true, though in point of fact
and in law, as the plaintiff alleged, the horses belonged to
him. The plaintiff hod therefore no alternative but to tang
this action to recover compensation in damages for the ex-
penses he had incurred owing to the defendant's breach of
his entnet. George Daewoo, who would have been a
material witness for the plaintiff, could not be called, in
consequence of his being an inmate of a lunatic asylum.
The plaintiff, who was examined through Mr. Albert, la.
terpreter, deposed to the above feels Ha said that he gave
the promissory note for 12,5001. on the 12th November,
1864, payable on the 15th April, 1865. In January, 1865,
he saw the defendant in Flaws. When defendant said he
had an opportunity of selling the four horns if he would
assent to it, plaintiff declined, and insisted on the hones
heiug delivered to him. Defendant thee said be would
deliver them, but wished to have three or four drafts in-
stead of one, as they wt.uld be more nwotiahle. He after.
wards took the drafts to the appointed plops, but as the
defendant had left he took them away again. When he
wrote to the defendant to send the hones to Doncaster he
told him he was ready to pay the draft ; the plaintifFs
colts bad greatly improved, and would have bees worth to
him then about 8001. Defendant excused his selling the
horses on the ground that be (plaintiff) had not fulfilled his
en<Mtement.
In cress-examination he dented that he promised to pay
cash for the horns as soon as be got back to France. H
wrote to the defendant in December, requestiog him to
send the horses to France, u he (plaintiff) had made
anointment. for their running. He made a proposition to
the defendant as to money, which the latter declined to
accept. He had not then sant the other berme to the de-
fendant. He was not In want of money when the defen-
dant was in France, and his reason for advertising 15 of his
horses was to thin his stud, and get rid of the worst of
them.
Re-examinod—ln the early part of this year. he remind
1,6004 from a gentlemen ; he should have paid defendant
out of that, and before be left for England be arranged for
the payment of the draft in Franca if asked for there.
Mr. Riddle deposed that he resided near Barnstaple. In
February be would have advanced the plaintiff MN. on the
security of L'Africains. He gave plaintiff 1,600 f. for the
horse in March.
Mr. Serjeant Faye., in stating the defendant's case, said
the plaintiff had failed to keep his engagements. The de-
fendant had received to money from him nor the hones,
sod as be meld not get any money and had kept the four
boron and the plaintiff's grooms for four months, he thought
be had better sell the horses.
11 r. Justice Blackburn reminded the learned serjeant that
the horses were sold in February, whereas by the contract
the plaintiff was not to pay anything until April.
The defendant was then called, and deposed that he knew
nothing of the plaintiff before the purchase. He said he
would seed the money as soon as he got back to Funs,
but that in the mean time he would give a promissory
note. He afterwards saw the plaintiff at his resi-
dence at Chantilly, and informed him that he had beard he
did not intend to pay for the horses—he might either
break the cooking or carry it out. Plaintiff said he would
keep his contract, and it was thou arranged that he should
give the small bills. but defendant did not again see him,
although he remained some days in Paris waiting for the
bills. About eight or nine days after he returned to
England he sold the horses for 5801. to • Russian count,
but he had been paid for them. In July last the
horses were re-sold in France for 3001. The horses had
certain engagements in this country.
In crinceramination defendant said that he saw 14 or
15 ran horses at the plaintiff's reaideone at Chantilly.
L'Africians was a very valuable horse The Russian count
who purchased the horses lined near the plaintiff, and he
gave bills for them. He afterwards became bankrupt, and
the horses were sold cinder the bankruptcy.
The jury returned • verdict for the plaintiff, damages 1501.

COURT OF PROBATE AND DIVORCE.
Nov. 10.
(Before the Judge Ordinary.)

WILLEY r. WILLEY.

Dr. Swabey for the petitioner ; Mr. Serjeant O'Brien foe
the respondent.
This was &suit brought by the wife of Godfrey Willey,
wool salesman resident io the neighbourhood of Bradford,
for a divorce on the ground of his cruelly and adultery.
The marriage took place in 1861, and the cohabitation lasted
till the cod of MI. There had been one child. The peti.
Winer charged her husband with intemperate habits and
with is cold and harsh treatment of her from a very early
period. In May, 1862, he struck her on the breast and
knocked her down for telling the servant to take a tray
away. In the year following he dragged her about by the
hair of her head, and he beet and kicked her on several sub-
sequent occasions. Her story was corroborated by other
witoesses, and it was also proved that the respondent's con-
duct bad been of a very dissolute character.
There was practically no defence, and
The court made a decree Ms., with coets.
CI:BUSY V. CUPLET AND LOVICK, OTHERWISE LOVATT.
Mr. W. Williams for the petitioner. lie was a domestic
servant; about the age of 16 married the respondent, a
woman of 11. The wedding took place at Bhoreditch in
1857, and after a single day's cohabitation the parties reps.
rated. The respondent was confined three months after-
wards, and she had since been living with the co-respondent.
by whom she had had • family. As she had represeoted
hermit to Lorick as • widow, the court made a decree nisi,
without costs.
LLOTD V. LLOTD AND BURK&
Dr. Wambey for the petitioner. a maker of fryingpans in
the neighbourhood of Dudley. The marriage was in 1854,
and the respondent, • person of disreputable habits,
matelyleft her husband and contracted a bigamous re
mar-
riage with the co-respondent.
Decree
PATRICKBON r. TATRICKSON.—A Osrnu-GP.is iusiuos.
Dr. Smoke for the petitioner.
The marriage took place at Gretna-green in 1850, at which
time the petitioner was a farm labourer in Cumberland.
The union did not prove a satisfactory one, the respondent
being a person of had and jealous temper. At last she went
away, and she had cohabited with various persons, whose
Dames were unknown to the petitioner.
TOO court suspended its decree, in order to allow defect*
in the formal proof of the marriage to be supplied.
BRADSH.tW V. BRADSHAW AND TAPSCOTT.
Dr. %Auks arid Mr. Littler for the petitioner.
The marriage took place in Aurist, 18.58, at Liverpool,
where Mr. Bradshaw was a licensed victualler. The parties
lived together for several years, but at length the petitioner
took into his service the corespondent as barmsn. Tapenott
being suspected of an intimacy with his mistress was dis-
missed, sod Mrs. Bradshaw soon afterwards left her house.
Her husband agreed to mske her some ellowance. bat be
afterwards discovered that she had been cohabiting with the
co.respondeot, or some other man, at Tamara.
Decree nisi.

Du BARRY'S DIILICIOCS PIALTH RILSTORITIO Rs-
TILIDere AILOICA FOOD yields thrice the naarislonent of the
best bed. and cur-s. without medicine or incoossaience. dyspep-
sia (indirsati...o4 mews. saline; coustiengition, debility. onnstips-
time. dill:rhos, dysentery. nervosa. bllWs. User. sad Warns&
aad eaves fitly times Its cost is attar remedies.
00,000 CUSS annually. - De Retry and Co., No. FT. Regent-eireet,
Loudon. W. In ice lib., ta. ad.: ILbafie; falba.. inn ; a/se
at a. Graceshereletzest i, Carpel& 100, and 111111.0atord-
West ; and at all atones.—(44lwWwwww‘l