The Statesman.
London, England, 1818-12-17 00:00:00

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COURT OF KING'S BENCH, Dec.
ATKINs 17. LANE.
• This was an action brought by the Lord Mayor to
teeoVer damages for a false warranty-of horses,. whiffle I
bad •heen sold him by the Defethiant. Welker, the
14,44.1Way0e1s coachman, proved the-warranty in the
...folio- wing mitower:—Meeting the horses coming ups.
• orithreoeviarr•London, be observed that they looked
tough, and asked if they were all sound and sight.--
The Defendant said, 4' Yes." The satin witting
„else proud, thst when the Plaintiff went to the De-
• *aslant's stables, the Defendant gave the store an-.
Oyer to the same (potion pet by the Plaintiff.
It appeared clear that tie horses were, roarer.;
and one of the Defendant's witnesses admitted that
they were unsound at the time of sale.
The defeuce sat up was, that no warranty had
been given, and that the receipt for the purchase-
naoriey gontained inane: that the Plaiutiff was well
acquainted with the horses before he boegbt them;'
end that their disorder was aggravated, if not broesht
on;,.by the. treatment they esperienced while Wide
ii;replog. •
Two. witnesses (one of whom was present when
IValker met the Defendant on the road, and the other'
'when the Plaintiff. came to..the siables).then stated,'
that they did nut hear tie.. Defendant give any war-
t'isuty ; sinseber,. that the Plaintiff had frequently
seen the henteltebess in
.ppssession of Lady Wilton,'"
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• their last owner; a foortholettal„,that the hones ham-
log been out of work for Wren time before they were
" sold, the Plaintiff was told ** to work then WO.
• till he had physicked and bled thee; bat is liadege
peared that the Plaintiff drove them 18 miles two
". days afterhe purchased them, without any such pre-
- 'tiutions. However, he was three, hours and a half
ttgoing the 18 miles; and the Plaintlfr.s coachman'
?. stated, that the horses heal iogicient rest and proper
l• food all the time they were'ander iris airs. *The Da-
. •fendaot's son, a Captain's Strtlard on beard an India-
man, said the horses were 301. troial.at the tlmi they
werewiferett-te harrettarnerl.r flatr'Oefetelse4 saki he
woeld take them bask, upon Intoid paid for,the. use
Ofthem ; but thisWtai rernied; and.theberees haiing
been bought in at Taperialrot Wfiere only 1620
• 21 guineas were itid.frit ihem • were sent.to a livery-
stable, with Mint tollso'Dpfendant to take them.
Chief Justice ABBOT left the question of siatet'l
to the Joey,' *poi' the Credit of the Plaintiff's
• wan, oherving that, in other to constitute a•
• softly, the words " I warrant" were not necessary.;
but that any answer to st question concerning thie
natality of the article sold, implying that it was good":
In its kind, amounted to a warranty ; end that, Abe'
warranty's lodt appeUriog upon the receipt• given for'
the purchase-money, did not preclude the production
' s>f Aither evidence to estsblisfrit.'-'ll6 Defendant, he
• swbol, bed tie demand at law, forlftWutis of the hOrsesl
bei een ihe•time of their sale and return.
. 'Ebs .11drp Pseud' a verdict ~Tor' 1h!
U5l. 1011 being the price paid by him Jai
• hones.
it • Strtlll V. lIENSITAW.
• This eaten action brought to recover hnis'g'iti ter
-false imptisonment, trader the following circa*
• eta urns
• The Plaihtiff having drank and smoked inkfiebi-\.
fondant's public-house, tendered a 1.1 tate for pay-

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