The British Press; or, Morning Literary Advertiser.
London, England, 1820-11-25 00:00:00

THE KING C. JANE CARLII.E.

Mrs. Curlile attended, and pleaded Not Guilty
to the information tiled against her by the Attu"...
ney-General, for a libel published in June last.

SECONDARIES' COURT, CoLeacts.ttlitirr, Nov. 24.

DIBBIN r. DIXON.

This was an sown hronght by the Plaintiff, n re-
spectable iiiiikeeper, against Mr. Dixon, the auc-
tioneer, of Darbiciiii, upon u contract of sale of
horses between them, en ahich the Plaintiff ale.
minded 3901. open the ground of having perform-
,,sl the ...hole contract. The Defendant had al-
lowed judgment to go by default, and a Jury was
tnapaniselled to assets damages.
Alf. CHITTY, fur the Plaintiff; called evidence to
prove that his Client hail performed the terms of the
contract. It appeared from this evidence that the
Defendant had purchased several horses from the
Plaintiff, amongst which was a bay rime; that all
the animals were sound; that sets of harness bud
also been purchased, and stable utensils; and that
every thing named in the contract bad been deliver-
ed, with the exception of the utensils, which, Mr.
Chitty admitted, were Lot produced bemuse there
weer noire, observing, however, that in case of put-
chase the utensil* were generally named, whether
soy were to be Mond or not. The ',mount agreed
upon by Mr. Dixon for the purchase sous 3901.
which he had, howeser, thought proper to Reis%
The horses were not warranted.
Mr. &PIN AssE. for the Defendant, cross-examin.
ed the Plarritiff's witne ~,,, with the view of i roe.
in; that the hay mare had been glatidered at the
time of the purchase ; thrt one of the sets of harness
had not been rceeptril by the [Wetland in conse-
quence of bring nntit for use; and dial no utensils
lard been delivered. Upon those grounds his cheat
elahred a deduction of the differerice between 21/.
velar L he had agreed to pay fur the bay mare, and
31. fur which the mare had been subsequently sold
for dogs' meet to a knocker; a deduction of 6/. for
the Moms., wl:ich saes unfit kw use ; • deductive ci
W. Mr the non-apfwaretice of utensil.; said he alsp
Cennindtd a det!actiancf 31.4 g 4/, for expenses its.
'cursed in sending backward and forward fur the
harms, which Le suit:flitted it was the duty of the
Plaintiff to send to his 'premises.
111 r. ESPINAM then addressed the Jury, sad

said, that the amount of the demand had bee'
offered to the Plaintiff, deducting the above-armed
sums, which lie could prove the Plaintiff had 110
ground for demanding. The sum tendered was
3691.
Several witnessFs ware then called.to prove that
the mare was glandered at the time of the sale;
but it appeared, that until. nine days after the
sale no disease was discernible. One of the
witnesses stated, that he tendered the 3691. which
was refused—that machine horses were not warrant-
ed, but that in all cases glandereil horses were in-
variably taken back. Ile said, in cross-examina-
tion, that there certainly was a profit upon the
horses purchased from the Plaintiff. Another of
the witnesses said, in cross-examination. that horses
might in nine day* contract and arrive tow height
in dieesie. A third swore that such a thing was
impossible—duet the glanders lay concealed fur
months before it broke out.
The ostler gave his evidence in the following
Manner:—" I thought first it was only a bit of a
cold, but I soon saw she had • heck-under. She
was what we calls • proper jobber ; she'd a bit of
ran at her HOW, but I saw she eat wry well, and
drinked wery well."
The SEcounatir, in summing up, said it was
one of the most improbable things in the world
that Mr. Dibbit would try to impose upon Mr.
Dixon, or that Mr. Dixon, who knew what hoPes
were so well, would suffer himself to be int.
posed upon. Even if there had been disease lie
did not know that the Defendant would he entitled
to • deduction. for it had been proved that he pro-
fited by the bargain, mid it would be rather unrea-
sonable. to throw back the objectionable part of the
bargain upon the Plaiiitiff after having been a
source of advantage. The Plaintiff had fulfilled
his contract. with the exception of that pint which
regarded the utensils, for which the Jury would
make some allowance.
Verdict far the Plaintiff 385/. deducting 41. 10s.
fur the utensils.

TILE TURF.

TARLEY HILL RACES.

TIOVEMVIER. 22.
ire epglakes, by subscription, of 10,s. enth,, I.y Members of
the Farley Hunt; fur binders. (Niue. subscribers.:
Mr. Jones's b Atlas
Captain Smith's 'newt. way ..
Mr. Cliff's cr. E. !tarehi
Mr. R. S. Thoreshill's Gipsey f.a,s
Calomel Brown's Ariel
Captain Searle's Sam
Three iotbert starletl.-4 to 1 :Iva the winner, need I ten
betting after the heat.
Mr. Louth's All-fours heat Mr. Chippendale's Rettrlte,
out mile, 50 gain. as.—Ceen
A Steeple Chat., ho lee ro.. on 11 lig nett, wag made cur
1000. between, Capt. Samiitla and Mr -louts, quits bivalents
boas fide their property.