IN SEARCH OF A HORSE. 247 



ing. Mansfield, C. J. assimilated the case to that of 

 goods at a wharf or in a warehouse, where the usual 

 practice is to deliver the key of the warehouse, or a 

 note to the wharfinger, who makes a new entry of the 

 goods in the name of the vendee. After the defen- 

 dant had said that the horses must stand at livery, 

 and the plaintiff" had accepted the order, it made no 

 difi*erence whether they stood at livery in the vendor's 

 stable, or whether they had been taken away and put 

 in some other stable. 



It is clear from this case, that the buyer was 

 acknowledged to possess the power of disposition, 

 and the horses, by their removal into the livery-sta- 

 ble, were intended to be subject to his order and con- 

 trol; this therefore, was a delivery, although the 

 seller did not in point of fact give up the actual pos- 

 session of the goods sold. 



The next case to which I shall refer, will appear 

 to an unprofessional reader to be somewhat incon- 

 sistent with the former ; but, on the contrary, the 

 authority of Elmore v. Stone, is expressly recognized. 

 The difi'erence between the two cases is fine, but may 

 be collected from the observations of the Chief Jus- 

 tice about to be cited. 



