IN SEARCH OF A HORSE. 371 



which have been already mentioned,) and the case 

 of Street v. Blay, just referred to, Lord Denham 

 observed emphatically that the case of Fielder v. 

 Starkin was not overruled, but still the rule was made 

 absolute. Hence it appears that even retaining an 

 unsound horse for nine months, and treating him as 

 his own property, does not exclude the purchaser 

 from his right to recover on the warranty. The case 

 of Campbell v. Fleming, which I have before quoted, 

 does not seem by the report to have been alluded to 

 in this argument. It has a bearing, however, though 

 only collaterally, on the question in Patteshall v. 

 Tranter, and will deserve attention if the same ques- 

 tion should recur ; though, for the reasons already 

 given, I am not disposed to place much reliance on 

 the authority of Campbell v. Fleming. It may be 

 expedient on any question of reasonable time to 

 refer to the case of Chesterman v. Lamb, 4 Nevile 

 and Manning, 195, hereafter quoted ; but the direct 

 authority of that case only bears on the question of 

 damages to be recovered in an action on the war- 

 ranty. 



It will not fail to be noticed, that the case of Street 

 V. Blay, goes farther than the cases last quoted, as 



