COURT OF EXCHEQUER. 
165 
It is owing to a parallelism of organization that phthisis runs 
through so large a number of the vertebrata, until, as the scale 
of organization is lowered, the distinguishing characters of 
tubercles disappear, and are not appreciable by our present means 
of investigation. 
A predisposing cause in the production of tubercles in animals 
is captivity or domestication; and, more comprehensively, a 
decided and prolonged change in the natural state of existence. 
The reindeer coming from the North, the monkey from the 
South, both meet with the same end, when brought into capti- 
vity, although starting from opposite points. This cause, in 
intensity of action, may be compared to the bad lodging and 
nourishment which, in man, so fearfully develope tuberculous 
phthisis. 
Archives Generates de Medecine , August 1842. 
COURT OF EXCHEQUER, Friday, Feb. 3. 
(SITTINGS AT NISI PRIUS, BEFORE MR. BARON GURNEY.) 
Mr. Thesiger and Mr. Birch were counsel for the plaintiff, 
Mr. Jervis and Mr. Bramwell appeared for the defendant. 
The plaintiff in this case is a gentleman of property, residing 
in Derbyshire ; and this action was brought by him to recover 
compensation from the defendant, the well-known dealer in 
horses in Piccadilly, for certain losses sustained by him on the 
purchase of a horse with a warranty. 
The defendant pleaded, first, that there was no such warranty 
at the transaction in question ; secondly, that the horse was, in 
point of fact, sound at the time. 
From the evidence adduced by the plaintiff, it appeared that 
the plaintiff and a friend first saw the horse at the defendant’s 
stables on the 24th of September last, when he was warranted 
sound by Rice, the defendant’s manager, and the sum of one 
hundred and twenty guineas asked for him. Nothing was done 
on that or on the following day, when the horse was again in- 
spected by the plaintiff, but on the 26th he was ridden in the 
Park by the plaintiff for an hour, after which one hundred gui- 
neas were offered for him. This was at first rejected ; but after 
speaking with the defendant, that person followed the plaintiff, 
and told him that his offer would be taken. The money was ac- 
cordingly paid, and the horse sent down into the country, where 
it had no sooner been attended to by the groom, than he was 
pronounced by him to be affected with thrush in the off fore-foot. 
