474 APPENDIX. 



It was contended for the defendant, that as Hazard, which 

 is an illegal Game {q), was played in the House, it was there- 

 fore a Common Gaming House. 



The Court, however, seemed to be of opinion, that as there 

 v\-as no evidence that the defendant was admitted into the 

 Club for the purpose of engaging in unlawful Games, or that 

 he had joined in them, and that as a subscription was required, 

 which excluded all but elected members of the Club, it could 

 not be said to be a Common Gaming House. 



The case, however, was settled witlKJut any formal decision 

 on the subject. 



S^JAKT V. Allisox. 



Before Lord Chief Justice Wilde, Guildhall, December 17th, 



1847. 

 Cockhurn, Q.C., James and Branuoell, for the plaintiff. 

 J\noioles, Q.C., and Addison, for the defendant. 

 Alteration of This was an action brought to recover damages for the 

 sj^ructure in alleged breach by the defendant of a written Warranty given 

 by him on the sale to the plaintiff of a Black Gelding for 

 150/., which Warranty stated that the Horse was " warranted 

 sound and free from vice," and was dated November 23rd, 

 1846. 



It appeared that the plaintiff and defendant wei-e both 

 Horsedealers, the former residing at Cricklade, in AViltshire, 

 and the latter near Darlington. On the 22nd of September, 

 1846, the servant of the jDlaintiff being at Howden Fair, for the 

 purpose of purchasing Horses, saw there the Black Gelding 

 in c[uestion, and, after some bargaining, bought him for 150/., 

 upon the defendant's giving the above-mentioned written War- 

 ranty. Before the completion of this bargain it was proved by 

 the servant himself, that he observed to the defendant that the 

 fore feet of the Horse presented appearances very like those 

 consequent on fever, although when trotted and cantered on 

 soft ground he showed no symptoms of lameness. From 

 Howden the animal was taken by railway to the plaintiff's 

 residence, where he remained for about ten days, during which 

 time nothing more was done with him than merely to give 

 him a little phj'sic and moderate exercise in a neighbouring 

 paddock. At the end of that time he was sold by the plaintiff' 

 to a Mr. Hardy, who resided in Warwickshire, for 200/., with 

 a Warranty of soundness. That gentleman had the Horse 

 taken safely home, and kejit for about a month on gentle daily 

 exercise. At the end of that time the Horse, on being one 



the Feet. 



{q) See Hazard, ante. 



