482 APPENDIX. 



The question now was wliether the plaintiff or the defendant 

 ■was the purchaser. 



Accordinp: to the evidence given by the plaintiff and Man- 

 ning, the Clerk of the Newmarket Jockey Club, who was 

 standing by the Auctioneer, the Horse was knocked down to 

 the plaintiff. The plaintiff then discovered that he had only 

 451. in his pocket, and, not wishing it to be known that he 

 was the purchaser, he borrowed 20/. 5s. of the defendant, and 

 giving him the 45/., got him to pay for the Horse, and to take 

 a receipt for the price in his name. According to the j)lain- 

 tift^'s evidence, the defendant, when he had thus got the 

 Horse, refused to give it up to the plaintiff, unless he would 

 pay him 51. for his trouble ; but the plaintiff refused to give 

 him more than a half-sovereign. The defendant then kept 

 the Horse. The next day the plaintil¥ again went down to 

 Chatham, and tlien found that the Horse Economy had been 

 entered for the West Kent Stakes in the name of a person 

 named Hitchin. The plaintiff protested against this, and 

 claimed his Horse, but it was allowed to run, and won the 

 stakes, value at 50/., and was again sold the same day for an 

 increased price. Evidence was also given to show that the 

 defendant, on the day of the first sale, admitted the plaintiff 

 had bought the Horse, but stated that he (the defendant) had 

 got an oft'er of 15/. for the bargain, and that if the plaintiff 

 would not give him 51. he would stick to the Horse. The 

 defendant sold the Horse the same day. 



For the defence, the defendant himself came into the wit- 

 ness box and said that he had several times bid for the Horse, 

 and that it was at last knocked down to him. He stated that, 

 though he had a chec[ue for a considerable amount in his 

 j)ocket at the time, he had only 23/. 5s. in cash, and that he 

 borrowed the sum of 45/. from the plaintiff to make up the 

 amount required. He offered to return the borrowed money 

 the same evening, but the plaintiff refused to accept it, 

 alleging that he was the purchaser. The Auctioneer who 

 sold the Horse was called, and he deposed that the defendant 

 was the purchaser ; but it appeared there was a large con- 

 course of people, and considerable confusion at the time of 

 the sale. 



The Jury found a verdict for the plaintiff. Damages 100 

 Guineas, reduced by the set-off to 82/. 



