VETERINARY JURISPRUDENCE. 
232 
among the Tailors,” sold, to him by the defendant, and warranted 
sound. 
Mr. Montagu Chambers, and Mr. Bovell were for the plaintiff, 
and Mr. Sergeant Shee and Mr. Bramwell for the defendant. 
It appeared that “ The Devil among the Tailors ’ had been run 
by Mr. Dixon at Tunbridge Wells, Canterbury, and Chatham 
races, in the autumn of last year, and was very successful, being 
the winner on several occasions, and at one of the meetings he ran 
as many as five heats. At Chatham races he was again success- 
ful, and, according to the evidence of one of the witnesses, he bore 
the character of being a very good “ country plater,” and upon 
this occasion he was claimed by a person named Messer, accord- 
ing to the terms of the race, for £80 ; but Mr. Dixon was unwilling 
to sell him, and ultimately gave Messer £20 not to press his 
claim. Captain Hyder, who had been steward at one of the races 
where the horse had run, and was aware of his capabilities, after- 
wards entered into a negotiation with Mr. Dixon for the purchase 
of the horse, and it was at length arranged that he should give 
£110 for him, and a cheque for that amount upon Messrs. Cox 
and Greenwood was given to the defendant ; but it was arranged 
that the transaction should not be considered completed until the 
horse was delivered safely at Brown’s training stables in Lewes, 
and then the cheque was paid. The horse was taken to Lewes 
in due course, and upon the cheque being presented for payment, 
the clerk who cashed it, it appeared, took upon himself to require 
the defendant to state, on the receipt he gave upon that occasion, 
that the horse was warranted sound. This, it seemed, took place 
on the 15th of September, the original bargain for the sale having 
been concluded on the 10th ; and this interval formed a material 
point in the present inquiry. It seemed that the horse arrived at 
Lewes on the 12th of September, and it was soon perceived 
that he was very ill, and it was found necessary to call in the as- 
sistance of a veterinary surgeon ; but the remedies he prescribed 
were of no avail, for the horse went on lingering and wasting until 
the 21st, and then died ; and on his being opened it was found that 
his kidneys -were very much diseased, and this disease was the 
cause of his death ; and the veterinary surgeon who had been 
called in stated his opinion to be, that the disorder had existed for a 
fortnight or three weeks before the death of the horse took place, 
and consequently that the animal must have been unsound at the 
time the warranty was given. But it was admitted on cross-exami- 
nation that horses were frequently attacked with inflammation and 
other maladies very suddenly, which would cause their death in a 
few hours ; and that it. was very improbable, if the horse had been 
suffering from the fatal disease in the kidneys at the time he was 
