Star.
London, England, 1801-08-19 00:00:00

ASSIZES.

LIWCALIt, VLY 2 t.—A horfe canfe was tried be-
fore Judge HrAvH and a Special Jury, wherein
Hinman Allenby, Efq. of Kenwick Hoeft, was
plaintiff, and Thomas Jenkinfon, of Holbeach, de-
fendant. This aftion was brought to recover limy
guineas, the price am brown horfe. On the aoth
or 2ta of April, !Roo, the plaintiff purchafed of
the defendant, at Holbeach, two geldings, (the
one in queftion for tiny guineas, and the other, a
ehefnut one, at forty guineas), warranted found.
On the 27th of the fame month, they were deli-
vered to the plaintiff's groom, who perceived the
brown one to potter or falter. On the Bth of May
following he became lame, and on fending for
Medley, the farrier, a corn was difrovered, and
the hcrfe pronounced foundered; but from having
his feet fluffed every night for upwards of a month,
and being turned out to grafs for a few hours in
the day,hy the defendants directions, he appeared
perfectly found; and on the teth of June follow.
mg, plaintiff wrote to tAe defendant, he had been
told the chefnut horfe had put nut a bone fpavin,
and went rather lame, which he hoped was not
true, as he liked both the liorfes very much ; but
Should it prove fo, he united the defendant was a '
man of that honour and liberality, that he would
not Puffer him to purchafe unfound bodes at found
prices. On the soth of Auguft following, the
chefnut horfe was fold, with all his faults t•for,
aotwithflanding the veracity of the defendant's
warranty, he was fpavined and blemifhed from a
foal ; and, when very yonng, refuted by the
defendant for a trilling Rum, on that account.—
On the following day, plaintiff, in a converfa-
tion with the defendant, expreffed his fears about
the foundnefe of the brown one, faying, c' Mr.
Shepherd had refuted him, but he was fold to
Mr. Thrupp, and that his being returned was
expeeed." The defendant anfwered and (wore,
0. if tither of the honks are lame, and returned to
me, I will pay you the money again, for I know
Mr. J. Everfon, late of Holbeach (to whom the
chefnut boric belonged) will do me; I confider
him ms- greateil enemy, and blame him for all this."
That firm) the defendant's undertaking, the bode-
was fent direB from London to Holbeach, and not
to the plaintiff.
The firil witnefs for the plaintiff was G. Allen-
by, of Holbeach, Efq. the plaintiff's brother, who
proved the contract and warranty, and that defen-
dant recommended the plaintiff to fluff the brown
horfe's feet over night, and turn him nut to grafs
for a few hours in the day. This witnefs clearly
proved the defendant's undertaking to take either
of the holies again, Should they prove 'erne. The
tell i molly of this witnefs was given with much pro-
priety and reverence to the Court.
The next was the plaintiff's groom, aged 28,
who fwnre that the brown horfe, on his journey
from Holbeach to Kenwick, faltered, and appear.
ed lame ; best not being certain his lamenels was
the cattle of it, did not acquaint his mailer. He
proved his mailer had never rode the horfe twenty
miles ; and that the plaintiff was much difpleafed
with the Farrier, on the Bth of May, for laying
the horfe would never be a found one ; and heard
the plaintiff fay, that he entertained the highell
opinion of the defendant, and would not believe
he world fell him a foundered horfe ; that for up-
wards of a month he fluffed his feet in the night,
and tarred him out to grafs in the day.
The neat witnefs was Mr. Medley, an eminent
Farrier and Blarkfn-.::h, from L01:91, uho dated,
that nn the Bth of May, 1800, 11: oil the brown
horfe'sfhoes,and on examining the nearfore foot of
the inner heel, found lie had a corn, and that both
feet were foundered, which mud have heenicom
infi on for fome months before the Plainta bought
him.
This witnefs ennsrrned the Lets witnefs's teiti-
snony about the Plaiutill's opinion of the Delen-
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