472 APPENDIX. 



the trial that the defendant was a member of a Horsedealer's 

 club in London, the funds of which were devoted to pay the 

 expenses of trials. The Jury found a verdict for the plaintiff. 



Atkinson v. Hoeridge. 



Before Mr. Justice Coltman, Chester Sprint/ Assizes, A^jril 9th, 



1847. 



Toivnsend and Egerton for the plaintiff. 

 Chilton, Q.C., and Welsby, for the defendant. 



Thick-wind. This was an action of Assumpsit on the Warranty of a 



Horse. 



Pleas, 1st. No7i assumpsit. 



2nd. Traverse of the unsoundness. 



It appeared that the plaintiff was a gentleman living at 

 Leeds, and the defendant a gentleman well known in the 

 Cheshire Hunt. At Chester October Races, the defendant's 

 Horse Paragon was standing at the Albion Hotel, at the price 

 of 150 guineas, and another Horse at 60 guineas. The plain- 

 tiff bought them for 210^. Paragon was warranted, bvit the 

 other was not. The plaintiff's groom fetched the Horses to 

 Leeds, where they arrived on the 5th of October. At the end 

 of a canter next morning the groom detected that the Horse 

 breathed thick. The plaintiff immediately submitted the 

 Horse to Mr. Yates, a Veterinary Surgeon, who pronounced 

 the Horse to be suffering from a Chronic affection, arising 

 from a Thickening of the mucous memhrane {ii), which was in- 

 curable and an unsoundness, although it would not prevent 

 the Horse being hunted. The plaintiff then wrote to the 

 defendant inclosing Mr. Yates's Certificate, and stating that 

 he would send the Horse to Manchester to meet his groom on 

 any day he might appoint. No reply was received ; and the 

 plaintiff wrote a second letter again requesting that the groom 

 might be sent to Manchester. , The defendant wrote that he 

 had submitted the Certificate to a comjietent surgeon and a 

 good sportsman, who said that no specific unsoundness had 

 been alleged. He oft'ered to refer the matter to a sportsman 

 and a gentleman. The plaintiff submitted the Horse to other 

 Veterinary Surgeons, who confirmed the opinion of Mr. Yates, 

 and certified that he had a Chronic disease in the air j)assages, 

 constituting Thick breathing (o). This Certificate was also 

 forwarded to the defendant. Some additional correspondence 

 then took place, and at last the Horse was sold for 56/., which 

 sum was reduced by expenses to 48/., and it was for the dif- 



{») See Thick--niud. ante. (o) Ibid. 



