The British Press; or, Morning Literary Advertiser.
London, England, 1806-06-05 00:00:00

TY MITE LircENci.

Gut,. Just 4.
Sii:init at Nisi Prist, before Lord Chiif ,Tiotics
Ettseaciaotion.
sta,usiovrost v. lair's-au.
This was an aftion brought to recover back the
price of two geldings, sold by the Defendant to the
Plaintiff.
Mr. GARROW, in stating the case on the part of
the Plaintiff, observed, that his chow., being a gen-
tleman of fartuee, residing at Windsor, and shortly
going to be married, applied. ' a January last, to
the Defendant. who was a horse-dealer, in Picca-
dilly, for two steady carriage-horses. Two geld-
ings were accordingly provided for him, for which
he was to pay 175 guineas ; they were engaged to
draw steady, sad, although one of them had a
cold on him at the time, yet both were warranted
sound. Upon trial, however, i: turned out tbat the
one free from cold was se fidgetty in harness, the
Plaintiff was obliged to send him back, and desired
to have Another in his place, which was accordingly
provided, the Plaintiff agreeing to pay 35 guineas
more ; the Defendant accompanying the bargain
with these expressions —" That horse will make
you amends for all the trouble and expence you
have been at ;" purposing thereby, that the new
purchase was warranted steady is harness. It,
however, turned out, that this second horse was no
better, or rather worse, than the first; when he was
required to advance, he stood stock still ; but when
he did la, (weed, he made a full stop at every
corner ; Ringing himself about in every direEtion,
toning to the left when kd to the right, and fre-
quently throwing himself on the ground, with such
violence, as in one instance to break his knees.—
Alter tepeated experiments, the same scene was
Ada over again ; and, in short, it was wholly im-
possible to make use of him as a carriage-horse,
without the risk ot a broken neck. It might be set
up as a defence, that, at an antecedent period, thus
horse had been steady in harness, and most moat-
able wisnesses might be examined upon this point ;
bus the Learned Counsel recolleled a similar case,
nut long ago. when Lord Henry Petty gave evi-
deuce of the steadiness of the horse then in question,
according to his Lordship's observation, in the
course of his daily drive from Hamp.reasf to Loa-
do.i and back. He did not suppose ihe horse was
conscious of having the honour of drawing the
sltancellor of the Exchequer, but, in fad. he tutus'
out t, be •ic otis and unsteady, he could be nei-
ther le! or strt wen ; this trequestly occurred. The
nth r hote in question, he should prove, had a very
bad col.; at ne time of the sale and warranty,
which, soon atter, notwi.hstanding the best tree ment
imaginable, nee,me a confirmed glanders. Fre-
quent Appl;catloim were made to the Defendant. to
take back the horses, but to no purpose, the sick one
being men so tad, hP could not be removed with
Weir.
I'h-se facts bring made out is evidence—
ck, the par. ot the Defendant, Stir Stephen
Glynis, who formoly p..sscased the hone, and
several o'her witnesses, were called to prove his
steadiness in harness; but on the evidence of Sir
Stephen's Coachman, it came out, that shortly be-
fare I.e parted with him, he bad been nicked in the
to I, and could not bear the crupper. It also ap-
peared in evidence, as to the sick horse, that at one
time he was not so bad, but that be might have
been returned to the Defendant is town, and was
sot ; bit, on the contrary, was kept to the present
day by the Plaintiff; and in a stabseqssest convelta-.
non aetween tar pot's% the Plaintiff observed-Sit
the De.end.int oupt to give him one in 'the place
of it, the,eny implying, that be felt himself bound
to keep the hose alter so long a delay.
Lord ELLUIROILOUGN. in addressing the Jury,
observed, that if they consid •red these words to im-
ply an adoption of the possession by the Plainsiff,
he was bound to keep the horse, and they would
find damages assays the sum paid fur him ; and if
they considered the expansions of the Defendant,
" that horse will make you amends for your trosi-
ble and eapence," to Imply a warranty, that he was
steady in hareem, they should, en that part of the
case, 6041 fur the Plaintiff
The Jury. after some consideration, fotmd a ver-
die of cot Ills. 6d. for the Plaintiff, thereby leav-
ing him in poseessiem of the sick bone.

COURT OF

SPORTING IN /*A LLI GENCA
yoag SPRING) MUTING. •
MONDAY, 10112
Mr. Clifton's ',Wow, brother Sk aloft. beat Mr.
Walker?' Bares/et, beeehit to Ileougb. Mt. seek... The WO
rails and half, loOds 4, and 2 to 1 Ws
F ildeoe • .—larostet bolted.
Comeso.—The main of socks. Ilia week. be.
tween H. F. Mellish, Esq. (Potter, feeder) and Sof
H. Boynton, But. (Thompson. feeder) for 40,45. a
battle, and 44.10g5. the main.-311 buttes for the maim
Sir P. Boynton. sr. a. Mr Mollies. m.
Mon*" . . Se I Monday
Mgenik at waist the favoseite, 11 to 10 kO oaks.
entriummensumm
On Sunday Mr. Assit•itin Di:palatal., the vile.
tasted Dock Yard pedestrian, undertook. for a
trifling wager, to walk from Chatham to Dour,
and bash. in the course of the day. a distance of 84
miks, which he easily performed within the time
allowed him I it is expetied that he will again
shortly undertake the same journey. for a more con-
siderable wager, u greet bets are depending en the
wensereemeem

ilakassav's Illitth-0,1.--Maii4ay at all the
►rMit Moir

CIDULSIL or 111LC1441441,4ems 11.
4.rnataninin ....4. .3 SC. Gone+ .. 44 his. Pic.
Oita. at 11414 .. 31 0 %Wag 4.C as elite.
Ratter4nr. c. f... 11 41 U. Lisboa
11....burala ll4 IMU Opoom "1111
falwat .... ... Al IM. • Dablam lll
Pans
Dow. I Vs ...... 14 10 s,r. %ten. I. s. al
$0..14. a X . 14 11 PertutatGold in Cala
Carita 371 AWL and bias psi oa. 4 a.-
Datn
Mad,,d .... Sit affact. Near Dollars .... •-• 534
Ditto
Itilona 37 Nee Louis each .. —.
Lee" n 51 I APO of die Bank et Hallow,
Naples
Dablra en Loraloa ( May $3.) 10; .
What nn Landon (Aril 19.) . • I
ii...ast as Dublin (Ditto) 3ll 61 days.

COAL-MARKET, hots 4.
Ships at Market. Sold Pik*.
49 .. New°. 0.1• 1:. 394 Fici a re. ''.l
4 ..Sunderland
9 —Stone Ca.aal 1......710. 0.1 a —. ud

RIRTNS.

On Monday last. at his hnime, at Ilymr,oth D,0,. the
Lady at Rear-Admiral John Sutton, Fri of a daughter.
On Sunday last, at hit house, to Low.lo's inn-gelds, the
Lady of C Pullen' Esq of a son.
On Wed esday lest, in Csialbsoland-olace, the Right llon.
Lads Runnel's), of a ...on
On the 17th last, the Hon. Ws. Childers, wife of Cohnat
Childers of Carhou.e, of a ,on.
On amiay hat, at Wstow, the lady of the Rev. Christ*.
pher Sykes, of a slaughter.
MARRIAGES.
On Wednesday, by the Rey. Lancelot Sharpe, at the peridt
church of Thoyclon Calmat, Mr. C Sharpe, to M. Julia
Cain, of Epping, Esaex.
On Saturday, the 24th ult. by special licersee, at Cloutui
Church, Bei Mak Milford, Esq. youragost son of William fslo,
ford, Esq. of Uxbury, in the county of Southampton, vol
nephew to Lord Reslesdale, to Miss Frintces Vernon, second
daughter of Julio Vernon, Laq. of Clouted Castle, toulity of
Dublin.