196 ACTIONS AT LAW. 



Thomas v. Young. 



UNSOUNDNESS AT TIME OF SALE — WARRANTY AFTER SALE 

 ONLY. 



At the Gloucester Assizes, before Baron Huddleston and a 

 special jury, the case of Thomas v. Young was heard. 

 Mr. Matthews, Q.C., and Mr. Maddy appeared for the 

 plaintiff ; Mr. Powell, Q.C., and Mr. Anstie for the defendant. 



The action, which was one of interest in itself, was 

 brought on a cheque for ;^i5o, which had been drawn by 

 the defendant to the plaintiff's order, and afterwards pay- 

 ment of it stopped under the following circumstances : — 



The plaintiff, being anxious to sell a hunter, took it to 

 the Islington Horse Show and entered it in the hunter's 

 class. The horse, which was named Pembroke, was a valu- 

 able animal, having cost him £250, and having won the first 

 prize at a local show in Wales as a heavy-weight hunter. 

 According to the plaintiff's account, which was corroborated 

 in certain particulars by his groom, and by a gentleman — 

 Captain Dighton — who was with the defendant, Mr. Bernard 

 J. Young, of Richmond, near Sheffield, was attracted by the 

 appearance of the horse at Islington, and expressed a wish 

 to try it. Mr. Thomas said he might try it when and 

 how he pleased ; and the defendant then took the animal 

 outside and rode it up and down the street for a quarter of 

 an hour or twenty minutes. Upon his return, he said the 

 horse "grunted" a little, but he was prepared to give the 

 plaintiff ^150. The plaintiff at first declined the offer ; 

 but ultimately (rather, he said, than take it back to South 

 Wales, and being anxious to sell the horse) he consented 

 to take £150 ; and it was agreed that the defendant should 

 send him a cheque to Arthur's Club. This was on Friday, 

 the 8th of June ; and on the following Monday the plaintiff 1 

 who had been obliged to return to Wales without going to 



