The Express.
London, England, 1859-04-22 00:00:00

BAIL COURT.-APRIL 21.

(Sitting lit NtrirlasalifesisknTrtereiOn Mr. Justice
Wishing's sad Comma Juries.)

SISWAY e. COMET, ADIMILITIATOIB.—• HORSE CAUSE.
Mr. T. Wood and Mr. Wleghlen appeared for the
plaintiff; Mr. Joyce for the defendant.
4242:arkitiff, residing in Chapel-street, Brampton, wee
a stage-coach driver, but now gets his livinrubty
atoomiseions on the sale and pardons of hones. In
timber, 1867, he engaged with Samuel Colony, shim deed,
look out for • purchaser for a certain bay hone, the property
of the deceseed, on condition that anything that could be get
for the horse over 701.—the price which Coposy_pei=
him—the plaintiff was to keep foe hiroaslf. At Tat
paintiff fell in with an under coachman of Mr. Maimed, the
barrister, who was on the look out fors pair of hones, and
Selway thereupon undertook to bring the hone, the subject
of the peanut actin, and soother likewise the property
of Copley, to Mr. Milwant's for inspection. Accordingly
the two hones were put under a break sad were driven over
one merning by Copsey, jun., the plaintiff acoompanying
him, to Mr. Mitward's residence. Mr. Milward did not ob-
ject to the price put upon the bosses, butrequired a warisigy,
sod this Corry would not or could not give, se Mr. Macon,
the veterinary surgeon, would not pan one of them. The
Mbar, therefore, wee off. However subeequently, Mr.
Kithira went to Coney's and parchared the bay hone re•
fared to In this action at the prim of 90 guineas, at the same
time receiving • warranty on the sale. Copeey died in Sept.,
186$, neatly 12 months subsequently, and this action wee
brought to recover the difference betweemthe price at which
the hone wag sold and that which the itemised had
decteed to the plairviff he wee willing to take foe him.
Mr. Milwerd was called for the plaintiff, but so far from
establishing hie one the learned gentleman proved that the
plaintiff, although he had complained of Coley's having
detainee the plaintiff's proper commiesion on then wile of the
horse, yet gave him to underatand that the cornotimion
would not amount to above 6 per net, on the price paid.
Ia consequence of the imported:lee of the plain-
tiff, Mr. Mtwara had given him 41. or 61. Math
Was was laid foe the defence on the pleiatire
having delayed to bring his action until after the death of
the elder Copan who was the only witnere that could have
directly contradicted his statement. But supposing such
en agreement as that coutesded for to have been origi-
nally attend Into, the mement Mr. Milward re-
fused to take the horse without a warresty that agreement
was rescinded ; end, me regarded the ultimate rale et the
price of 90 gramma, subject toe marenty, with that the
plaintiff hsd nothing nt do.
The jury found for the defeedant.

COURT OF COMMON PLF.M3.—Anm. 21.
Sittlags is Banco.—(Before Lord Cbtef Jart(os Cockburn
had Jastires Crowds'', Willem, ani Bytes.)
SWETT V. PHILLIPP.—DteMIIIIAL Or A BItOrIIAN.

in th's cam bad fee mealy been sh,preen to the de.
feu▪
dist, who keeps a tobartaises shop in Ludgate-etsett, and
he claimed &mar s for having been improperly &aliened be-
fore tbo term of his service had expired. There were other
manta in the declaration which were nut now in one elks.
The defendant pleaded that he was joetified in diamiatog
the plaintiff because he had dishonestly converted some of
the &fondue's property to his own nee, and a tkiy in the
defendant's armee was called to prove this plea. There wen
else the evidence of s gentleman who had been profeseionally
engaged in tte we, sad who deposed that when the `lsin-
lid charged with dishonesty. he discharged himself, and
was not dieniesed by the plaintiff at all. The cam wee
tried by the Lord Chief Justice, when the jury said they
did not believe the evidence of the boy, and they gave a err-
diet for the plaintiff. The question now was whether a rule
for a new hial alvted be made *hookah&
ldr. }tildes appeared to 'how otwe spinet the rule, and
Berjeent Peteradorff to support It.
The Lord Chef Justice said that all the judges were of
opinion that it w a au nneatiaschory verdict, and that
there should be a new trial.
Role absolute.