The Sun.
London, England, 1824-04-26 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH.—(Tars DA:•.)
Sitting's at Westminster before Lord Chief Justice ABBOTT
and Common Juries.
WHITESIDE V. WESTON. .
This was an action brought by the plaintiff, a gentleman of
fortune, against the defendant, a horse-dealer; residingin Park-
street, Grosvenor-place, to recover the sum of 1401., the value
of a grey gelding, sold to him (the plaintiff) in June last, as a
fast trotter, perfectly sound, and warranted to trot 15 Miles in
the hour.

It 'appeared from the evidence of several witnesses, that the
horse in question was driven in a phaeton to Brighton, at the
rate of eight or nine miles an hour. Nothing particular tran-
spired at the journey's end ; but on returning again in a day or
two afterwards, within 14 Miles of London, the animal seemed
lame, and next morning, when brought out of the stable, *as
scarcely able to walk, and very much distressed. The animal. was
attended some days by a veterinary surgeon, who proved thet
when he- saw the horse it was lame in both fore feet ; it had
very flat feet, and in that case the growth was not equivalent
to the labour which the animal had .to perform. . The plaintiff
soon afterwards sent his groom with the horse to the defendant's
stables, who, however, refused taking it in,-consequently he
brOught it back to his master, and on the 18th of August the
horse was sold at Tattersall's for 46 guineas. None of the
witnesses, however,
.proved that the gelding was unsound,
although it was admitted the fiat feet might cause the lame-
ness.—The Jury, under his Lordship's direction, found a ver-
dict for the defendant.

COURT OF KING'S BENCH, GuitnifALL,, A.ritzL 24.
BARTON V. BODDINGTON.

This was an action 'of trover by Messrs. Bartons, who are
tallow-merchants-of great respectability, to, recover from the
London Dock Company the value of 100 casks of tallow. The
tallow's, which lay at the London Docks, were sold to the plain-
tiffs on the 18th of September last, and they, on the 26th, sold
them to Messrs. Moberley and Bell, and gave an .order to the
defendants " to transfer, weigh, .and deliver" the same to the
vendees. Before the tallows were weighed or paid for, Mo-
beiley arid Bell sold theM to Mr. Hawes, who gave his accept-
ance for them, and the Company, on their order, tratlsferred
them into the name of Mr. Hawes. On the 10th of October
Moberley and Bell gave Messrs. Barton a check for the tallows,
which Was not paid • and on the 15th of October, they having
stopped payment, Messrs. Barton gave notice to the Company
not to transfer, and contended that they had a right to stop the
tallows in tranritu as the delivery was not perfected.
The LORD CHIEF JUSTICE said ke should advise the Jury
to find a verdict fin the defendant, as he was decidedly of opi-
nion that where the owner of goods sells them and gives an or.
der for delivery, and the vendee sells them again to a party
who pays for them, the original vendor has no right to stop
them in transitu. But as the question was one of great im-
portance to the commercial world, he was desirous that his
opinion should be solemnly - considered and therefore sug-
gested that the Counsel for the plaintiffs should tender a bill of
exceptions to his charge.

. .
The ATTOR.*EY:GENERAL, for the plaintiffs, intimated
that he should adopt this course, and accordingly •
The Jury found a verdict for the defendant, which will be
reviewed in the.manner suggested.