The Express.
London, England, 1861-06-07 00:00:00

COURT OF EXCHEQUER-Juzrz 6.

Sittings at Nilli Prius.—(Before Mr. Baron Martin and
Common Junto.)
GOLDSTARDT V. PIC/RD.—THE MATCH TRADE.

This was an action b-ought by the plaintiff against the
defeadant, for false and frauduleat representation of the
value of certain watches, namely, 60 gold and 99 silver
watches, and also tar a breach of warranty. The defeadmit
pleaded not guilty, and that he did not warrant as alleged.
Mr. iierjeant Parry and Mr. NacDonnell were counsel for
the plaintiff ; Mr. Hawkins end Mr. Honyman appeared
for the defendant.

It appeared from the case for the plaintiff that be is a
commission agent at Peckham-rye, and the defendant
carries on business as a dealer in jewellery at Finsbury-
chambers, Loodon.wall. The plaintiff being desirous of
getting two acceptances of Masan. Sari and Son, tbe silver-
smiths of Corahill, discounted, was introduced to the de-
fendant by Mr. Omar Newman, and, after inquiries had
been instituted, au arrangement was cote-ed into, by which
the defendant was to discount the bills, giving 5001. in cash,
and 5361. 14s. 64. in gold and silver watches. The plaintiff
deported that the defendant produced two gold watches,
bearing the name of " Ihrwise, London," and that he war-
ranted that the other watches ware equal in point of work-
manship sod style to these samples The plaintiff said he
was no judge of watches, when the ddsndsnl said he might
rely upon his honour, that they were real good watches, by
Barwire, and that the others were Mks them. Cathie under-
standing the plaintiff received Cie cheque for 5001., and the
watches. The prices at which the gold watches ware invoiced
were from 71. to 555., and of the silver ones in proportion.
The transaction occurred in February last, and shortly
afterwards the plaintiff pledged the watches at lir. Jamie
Attenborough's of the Strand, who advanced 1601. on
them. He redeemed them in a month, and bad made efforts
to sell them, when be discovered they were of far leas
value than the defendant had charged for them. Hs then
brought the present action for the misrepresentation that
the watches alleged to be Barwhe's were not by that
maker, and that the others were not equal to them in quality.
Mr. Newman was called, and corroborated the account
given by the plaintiff of his conversation with the defen-
dant, but he could not state that the name of" Bemire"
was mentioned on the occasion.
_

Mr. James Attenborougi, silversmith, and several
watchmakers, having been examined, to show that the
watches were not of the value charged,
The plaintiff's case closed.
The defendant, on being called, positively denied 'that he
had given any warranty what/over ; nor had he told the
plaintiff, who said be wanted cheep watches, that he might
rely on his honour. The plaintiff and Newman selected
them. He had not shown the watches bearing " &ranee's"
name as samples, for he did not know they were in his pos.
amnion. They ware two left out of 24 which had been
ordered by a M. de Muiac, in 1854, who showed him a deed
authorising him to manufacture watches with that name.
De llssisc did not pay for them, and witness subsequently
called on Mr. Rocha, of Piccadilly, the successor of Bar-
wise, who authorised him to sell the watches.
The defendant, in his truss-examination, said that Mr.
Spyer, an attorney, bad advaneed ban the money to dis-
count the bills, on the arrangement that they were to divide
the profit. on the transaction, amounting to about 1401.
lir. Spyer corroborated the defeodant's account of the in-
terview with the plaintiff.
Mr. Ward, who was until lately in the defendant's service
as traveller, swore that no watches bid been produced at
the interview in question as samples. Mr. Picard had said
there might be one or two out of repair, but if so, they
could be repaired at his expense.
In his mans-examination this withers stated that on the
day when the transaction took place witness, by defendant's
direction, took three or four watches to be repaired to Bor.
ley, of Loodon-wall, who said they would take a week. The
defendant said that they must be done at once, in anwardey
so that they would hold together. (Laughter.) Mr.
afterwards said it was a very good transaction, and if any
one haul offered him half the money he would have taken it.
Mr. Borchelt., watchmaker, of Chsapside, was called to
prove the value of the macho'.
His Lordship, in summing up, left it to the jury to say
whether there was any false or fraudulent representation
or concealment on the part of the defendant ; and, secondly,
whether be bad give, any warranty.
The jury retired at a quarter part five, and being unable
to were discharged at seven o'clock without coming
to • .