The Statesman.
London, England, 1822-02-20 00:00:00

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COURT, FIT.,

.
ore of eke Dub prOblikittips4ll
its it tlos to mantis the Travails of the Nrldeb
hail Grade.; ailinebrap' ei the 64644"
ipreu•L t
The Lemma Cussed be support of his media.
eloped this there was a covalent mitered into in 1675.
'MANI tbp grooves made by Lnrd William Russell.
amit „Lady lesebet Russell, that se building *belle be
.weaned ea the oath side of Southampton Name, n-
eap! Naar mete banmsetiog honor. or beases.steinelter
Muse et biases. sod ethers specified in the oevsmant.'
Attires variety of obeervatioes trim Mr. Snamme
sad others oe the pert of the trustees.
Hli Nowa remarked that the case branched oat
into three gesetiees; whether the projected beildlag
was a beach et the covenant? whether the °smut
areeted the Baked Bedford personally ? and 'dabber
a Cant of ,111,eity was tits proper place to bring such
•et ease flentied ?• As he was of elision that one of
• tbealt involved a material point of law. be
'esYedtbat the cue should stand over to the first .dap
Le Easter Term, to allow the parties doe to consider
,filte-he4inaaate of trying it.
*Mir Wain BENCH, Witrwtarran, Fem. It
tattle R . ROLM
Mr. °Cairn stated to the jury that this was ea am
till brought by a student at law 'Oast the deka&
set, for the breech of warranty given ea the parcbase
of a 4g. The plaintiff applied to Mr. Helps, who
leas a ler.eater. to procure him a espial eater lee
lest speniapenese. when he promised be wage let
•Um Nape tar 110ost setter err seem—see (bat MSS
eqsalifi4ll Waited to :tend or back is short. as ea
coesplithed a Beg as sportsmen could desire. Mr.
Mooting* Jest Vied the dog the Melds mar Edge-
'Ware ; but, as might be expected. fined, eery few
:birds there, Ake We es opportunity of sesenalelog
ride geslklew tale -ultimately purchased him. at the
price of 131.. whir a written warranty, that the ma
•.fila
.4, would both and stand. and was I. every respect
.0001004eliks deg." The mans of this famous
Ales was. to make the transastlea smasplets, so other
Asa " lemeter." Mr. Woodier., @spewing Mae
sport with his purchase, took him dews. together with
.'a eater bitch, into Leicestershire; and barite arrived
'at Wobnrn fa his way oe the 24th of August, thought
• .; be Men* try the dog in a field when a covey of par-
.llolilgel.bai alighted. The mom was accordingly
*Mtritt * dog and bitch into the field; the bitch
• ....kikww6lllo4lypelated, bet the dog would neither stand
`We back. bit reetheramong the birds, which of coarse
Thieltappeued twice. end Mr. Wateroffe
xisetia titer &reedy wonted him ; but thee he fore-
-sor • drii- anineet.--1, Oh, this Is only the nth of An-
:-000-1 1. Is a .tboreerti-bred deg, arid will neither
:aimed oar bodt ell Hoe Ist ofeeptember l" After the
44 et of reptelemr. however, he was tried in Leicester-
.' chim, Ilsed.:laritliltir reify elms. is Northampton-
,- lektre Wes but be corded ever do his duty in standing
-•telrfraolsksp, new would be ever follow a Toed example
ceases it was aaMp. slaws. be was not worth a
• 'Mille& milts Weethreer would bare immediately
' • interned his, bat be became lame, and therefore was
•tetra returned Mae begiening of December. Thee
' Its was takes to Mr. Helps; bet there Hamar".
was quickly whipped out, sad came back worthies te
eh. Waterers's, where he released mail he was lost
• Hairpessed-heatit. These facts would be clearly
• proved, ad wealteertle the plated, to recover the
pm whisk belied paid for the 'sisal.
erbe mantel was tbs. peeved, dated the 3d of
.A.egeet. The groom of Mr. Woodroffe proved that
deader meet did steed or back, after repeated trials
ir the first and eobsequeet weeks of September; and
Iris inetimeny was eorroborared by several persons from
Leleeetereblie, who attempted to shoot with him in
company with the plated*: A letter was pet in from
Woodroffe to the defeadset, dated the 11th of
Septeither, in which be complained of the rigidities of
the dog, but said that be did not discover them before
o•acanter of the lateness of the Gorr, which retarded
the- season (sr shooting. To this the defendant re-
plied. alleglog that the dog was thorough-bred. but
expressing a willingoess to change him if there was
saether that would suit Mr. Woodroffe. The dog,
however, continued lame at Leicester till November,
and. after a refusal on the part of Mr. Helps to receive
bias, and to return the money, be was lost on the road
between Hampstead and Highgate.
Mr. SCABIATT, for the defendant, contended that
the jury ought to infer that the dog was spoiled by
the mismanagement of the plaintiff; that no due notice
s-as given of the deficiencies of the animal; that the
beet dog is England might be spoiled in a day; and
that the plaintiff had evinced the dishonesty of his
case by writing, on the 11th of September. that he
bad no opportunity of trying the deg before, wh
he bad tried him several days in the previous week,
by the evidence of his own witnesses. The learned
counsel called persons, who swore that Mr. Woodroffe
bad eXprriood himself satisfied with the dog before he
left London, and others who traced the history of the
dog, until he was gold and delivered to Mr. Helps, and
who believed him then to be an accomplished setter.
Mr. Guareav replied, contending that it would be a
most serious evil. if dog-dealers might get rid of the
effect of warranties, by alleging that the dogs were
never well managed but in their own hands, and might
be spoiled in a day. The bitch. which had bee■
treated exactly like the dog, bad not been spoiled.
sad the expressions of satisfaction alleged, were used,
if at all, before the plaintiff had an opportunity of
trial.

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,s.~t sa

The Lona CHM JIM'S!, said, that however little
the jury might know on the subject of dogs. their
knowledge must be equal to his own. The question
was certainly not whether the dog was worthless on
the lst of September, bat when it was delivered with
the warranty : If they thought the latter, they would
Col a velllkt for the plaintiff for 151.
Tim jury (sued for the plaintiff—Damages, 15/.