The Sun.
London, England, 1836-12-09 00:00:00

KING'S BENCH.-(THIS DAY.)

(Sittings at Nisi Prim, before Lord DENMAN, and a
Common Jury.)
MAYNELL V. NOSS.
Sir F. PoLimo( stated the case. It was an aeto
brought by Edward Francis Maynell, a gentleman of f°r
tune residing at Newmarket, to recover a balance of 6°'''
being part of the purchase-money of a chesnut geldiag'
The defendant bargained to give 120 guineas for the hole/
and paid down 501., but afterwards refused to pay the d;
ference, alleging that he was not aware of his being a gell
ing at the time of making the purchase. The Learacji
Counsel observed that the action was brought, not so ma',
with a view of recovering damages against the defend9ll4
as of vindicating the character of the plaintiff from the in
putation of having given a false representation of the aniala
at the time of sale.
William Weeks—l am a friend to the plaintiff, and WAst
with him at the Doncaster Races, 1835. The defencla;
ghpßeaa
alyddemi
eseseog.
nm, t
andTca
hon
end
defendantvheocr
ars
sma
horse
came
ownat oslsv
saidei
tti
and k
he
et theto be
nepeul
laadi
t aftern
gt
Ni Eve
etwha
mhbe
him
a ches 0.. t"
tiff said, " You s alr2eoawguarineeaosf.” theT The
eriche
thoroughbred,
and was qualified to run for half-bred stalie'
Defendant took down and read from his pocket-book citc
scription of the horse. I was at Newmarket on the 0,„"
.September following, and plaintiff told me that Ross
jected to take the horse, as he said'he was a gelding
stead of a stallion, and added, Will you go up t;lawn
and look at his book, in which there is a description to
h°
horse
eamal irekwdseeaaotdst.lo.e nr:ei as
Pte,dPl ,-
i2OOl-
down by himself." I went and saw the book, and thea-v/
said, "Unfortunately I have torn out the leaf in whifb,iff
wrote the description." I was present when the pl*llo
desired his groom to take the horse to defendant, and to
was brought back in the evening. Plaintiff reuse," by
take him, and he was turned loose into plaintiff's 33r"
defendant's man.
Thomas Price—l was living as head groom
plaintiff at Newmarket in 1835. I was sent to the defeba;
dant at the Horseshoe public-house, Newmarket, about the
dant al
horse he had purchased. Next day defendant came,
master's stables, and observed " Why, ha is a geldingo.o
Plaintiff was present, and said " You knew that, for 7,5
so noted it in your book." Defendant said he noted it it'ar
horse. Plaintiff said "If you show it as so noted in Y°6
hook the matter will end there." I afterwards took
the
horse to the defendant, and he was brought back I:#3Y4
with the
ostler of the Horseshoe public-house. The horse retnal.n`,,,
till July at livery. Mr. Maynell kept the horse fo raC1
_bt
I believe he was worth 120 guineas. I left the horse "
Robinson's Repositor be sold.
Thomas Dewsbury y to,
bookkeeper of Robinson's RePLlsai;
tory—The horse was advertised three times before 1;3
sold. He fetched 15 guineas, or 131. clear of expcases.•;
horse of that sort would fetch only a nominal price, tkl
are so few buyers for him. wag
that t
treated
elldsll
as
sl
onnotice e
oaflu se'.
horse The
givMeer;aßedobtihnestonthdpeeosed
was
value of a horse depended upon his being known, anli.he
the hoe was not known he fetched so small a price. 1"4
most frsavourable time to sell a race-horse would be spring' °r
summer. at Meltelb
here `24t
and served a notice at the defendant's residence t..
other
v'ic p
James Thomas Bisho I am an attorney 5
June, 1836, requiring him to take the horse away
wise he should be sol. verdie
There was no defence, and the Jury, returned a
for the plaintiff—Damages, 60 guineas.
WILLING V. SPARKE,,S*
This was an action brought by Philip
man, assistant to the turnpike-keeper, Hamysteadat w
against crin-shop in Nogg
John Sparkes, the keeper of a r
ned in co"
street, to recover compensation for injury sustsi
ag
Ming, a looatirt
sequence of the defendant having driven his I,lorspa
boaaa';.
him, knocked him down, and drove his gig over his
The damages were laid at 2001.
The following witnesses were examined
road, near Mornington-crescent. The plaintiff James Sidden—l am toll-gate keeper on the
,so: Hampstead'dt