veterinary jurisprudence. 
511 
the apprehension, at first, that the horse had been warranted 
to him, he (Mr. Joy) could well understand the course he 
would likely have adopted. He would have communicated 
at once with Mr. Hunter about the illness of the horse and 
the warranty; but, instead of giving him an opportunity of 
ascertaining, in time, the actual condition of the horse, 
whether he had been judiciously treated or not, and so forth, 
they found him, three months after the horse had died, inti- 
mating his determination to take hostile proceedings against 
Mr. Hunter. Mr. Joy then went on to contend that no war- 
ranty had been given to Mr. Hunter, and that the horse was 
perfectly sound when he was sold to the plaintiff. 
Mr. - John Lindsay examined. — Is father-in-law to Mr. 
Hunter; remembers the horse in question being brought to 
his stables on the night before the fair of Banbridge; he 
stood in a two-stall stable with another horse ; he appeared 
in perfect health and spirits ; had a conversation with plain- 
tiff in the August fair of Banbridge, who said that the horse 
he bought from Mr. Hunter had the button farcy when he 
got him, as a spot came on his neck a day or two after, on a 
part a little lower than the place where horses are usually 
bled, and that when he rubbed the scab off it ran matter ; 
after a few weeks again met plaintiff at Banbridge, when he 
intimated his intention to enter an action, and said that 
although there was no warranty on either side it would make no 
difference , meaning as regards his right to recover damages 
from my son-in-law ; the horse that stood in the same stable 
with this horse on the night before the fair is not infected by 
him ; he is in perfect health. 
Mr. James Hunter , the defendant, was then examined by 
Mr. Meade. — He deposed to the purchase of the horse from 
Mr. Walker, to his having ploughed with him occasionally, 
and to his having been, at various times, in the same stable 
with other horses, without any disease having resulted from 
the communication. He then described the terms of the 
sale at Banbridge. He said he told Mr. Magennis that he 
gave the horse to him as sound ; that he had been passed to 
him as sound ; and he now added that he believed he was 
sound when the sale was completed ; there was nothing fur- 
ther said by him about the soundness of the horse; he (Mr. 
Hunter) sold the pony, three or four days after the exchange, 
for £9 ; it did not appear all right to him, because its knees 
were broken before he got it from Mr. Magennis, and it was 
so footless he would not ride it. 
Mr. O' Hagan. — I suppose you intend that a sort of set-off 
against the horse. 
