The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1892-09-22


Rut some other paper copied it with
out credit and it went the rounds.
Seeing it in several papers and as
original matter, we are compelled TO
pass it under the rather anonymous
bead Of Exchange" than to credit 1t
to some literary pilferer to whom it
does not belong.
A letter from one of the most
prominent h0rsemen in Kentucky
urges Mr.. w. C.. Jones to extent his
Forthcoming meeting two weeks
longer than has been announced, In
order that records may be made.
This delightful climate renders 1T
possible to make records here much
later than on the Northern tracks.
What will the live stock interest
not finally come to? "POinters at
auction is the way an advertise
ment reads in a leading exchange.
''Send for catalogue of pedigrees,"
saws the paper. We think the line
ought to be drawn right there; after
awhile it will get down to "cats at
auction" and then we will all have to
meet in legislative assembly as in
the days of the g amp act tyranny and
resolve again to be free and en-
lightened people.
Saws the Tennesseean: Nashville
will give a great horse fair during
Their trotting meeting, Oct. II %. An
effort W ill be made to have all the
prominent equines on exhibition. Ii
| IS thought st. Blaise, IrOquois, Gle
ntIg aud several other thOrOughbreds
will be OH hand, while the trOtters
will be represented with Nancy
| Hanks, Martha Wilkes, SunOl and
! the rest OF the celebrities. OF course
Hal Pointer, 2:054; Direct, ZOOS
Brown Hal, 2:12I4;; Flying Jib,
2:0S1I, and the rest OF the side-wheel-
ers Will be on hand aud join in the
exhibit. An effort will be made to
have a match race between HaI
snd Flying Jib, provided the little
horse Direct is not himself.
| 1t seems that u man cannot lie
with ilnpunity in horse trade any
more than IN any other Lille Of bust
ness. 1t is true the courts hold thai
ordinary statements, no matter how
bOastingly or how falsely made, dc
not per sc vitiate the trade or sale
but II the circumstances under which
such false statements are made aIt
|
legal right to rely upon them, 1t con
stitules fraud aud nu!lifies the trade
or sale.
AS illustrating this phase of th'
law, the case of Berwanger Ns. Hill
which was recently decided in the
Superior Court of Cincinnati, al
taken from an exchange, is citet
briefly:
Hill owned marc by the name o.
Lady Kahn, who was the mother o
several colts, one a three-year-old by
the name OF DR.. Halle, at present IL
Indiana. In September, last year
this colt made a mile i'll the remark
able time OF 2:l94, which rendered
the mother a very valuable pro
Queer.
After Berwanger read the accoun
in the papers he hurried out to Oak
ley, the full mile track, where Hill
lived, hoping to buy the mare beIor'
Hill mad seen the papers. During TIT
negotiations for the trade Hill asked
ISerwanger if lie had heard anything
about what The mares coils Wer'
doing. Berwanger replied he hst
not, and it was not the coils h'
wanted; it was tue mare he was after
The deal was made, and Hill sold TIL
mare for 1925.
AfterwaTd Hill learned the fecorC
: of the cot, and Immediately con
suited lawyers, who SAT-
I TO him, if lie asked Berwange
during the trade il he (Berwanger
had heard anything about the colt
aud BerWanger answered that he hat
not, " hen in fact he had, that thi
was such fraud rs vitiated the sale
and that no title to this mare ha'
passed, and therefore, for his Owl
protection, he had best so and tax
the mare-which he did; and tn
court sustained them in the pOsitlo
they took, and instructed the jur,
, that the taking of the mare was no
.. wrongful, and to acquit Hill, whtc
: they did.
8 The point of law in this case an
the pivot upon which it turned wa
the fact that Berwanger had Gel
: tain and essential knowledge cor
7, corning the subject matter of til
e trade to be made, which he SUI
|. pressed from Hill, and that ina:
}. much as there was no legal presumI
ton or inference that Hill had, {
should have had, tie same know
e edge, lie was entitled in law TO rel
q upon the statement of BeIwange
4 who, if he materially deceived Hi
y was IN point of law guilty of such
: degree of fraud as would Yit;ate I'll
q tradp.-Clark's Horse Review.