IN SEARCH OF A HORSE. 321 



There is also a case of Ashbourne v. Price, 1 Dow- 

 ling and Ryland, 48 N. P. C, in which, without 

 reference to the distinction made in the case of Scot- 

 land V. Watson, a contrary opinion appears to be 

 entertained; but as the allusion to horse-dealing was 

 only incidental, I think it cannot be held to overrule 

 the authority of Strode v. Dyson, and "VYoodin v. 

 Burford. 



" Where an attorney's clerk admitted, on the taxa- 

 tion of costs before the Master, that the suit in which 

 the costs were taxed was conducted by his employer 

 from motives of charity on behalf of the plaintiff, it 

 was held that the clerk was such an agent as to bind 

 his master by such admission." 



It was contended by Scarlett that there was noth- 

 ing in this case to take it out of the general rule of 

 law, which excluded hearsay evidence; for in the 

 case of an action upon the warranty of a horse, sold 

 by a servant for his master, the servant's declaration 

 of soundness would not be evidence to prove a war- 

 ranty by the master. Chief Justice Abbott : " The 

 case supposed was distinguishable from the present, 

 because there was not, in the instance of a groom's 

 selling a horse for his master, that direct and posi- 

 28 



