410 
VETERINARY JURISPRUDENCE. 
pay for the horse on a stamp receipt ; there was a long conversation 
between Mr. Madders, defendant, and myself. 
Mr. Samuel Lea , examined by Mr. Whitmore. — Am a farmer 
residing at Stoke Grange ; sold Mr. Madders a grey horse in Sep- 
tember 1847 ; had had the horse for five years, but did not breed 
him, and believed he was sound : sold two horses for £100, the 
one in dispute and another. 
This closed the plaintiff’s case, and Mr. Sergeant Talfourd ad- 
dressed the Jury for the defendant. He contended that the horse 
was unsound, being subject to bog spavin. 
Mr. Joseph Moss, examined by Mr. Sergeant Talfourd. — Am 
brother to defendant, and a tea-dealer at Liverpool ; remember 
seeing Madders at Newcastle ; he asked me when my brother 
John would be coming over, I replied, “ he is coming over to- 
morrow to my place at Whittington, Staffordshire I afterwards 
saw my brother John : saw plaintiff on the 14th October, and had 
some conversation with him ; he met the plaintiff, who said “ well, 
what about the horse I” Thomas Moss said, “ the horse is unsound ; 
he is going to be returned plaintiff said, “ very well ; return him 
to Whitmore station, and I’ll have a “ vet” (meaning a veterinary 
surgeon) from my own county to examine it, and if he is unsound 
I’ll take him back freely ; plaintiff then left us : delivered a letter 
and certificate (produced) to the plaintiff* ; the only remark he 
made on it was, “ the ‘ vets’ in Manchester are d d thieves ; I 
know more about a horse than any of them.” 
Mr. John Moss, examined by Sergeant Talfourd. — Am a 
brother to defendant, and a corn-merchant and cheese-factor at 
Manchester, under the firm of “ John Fletcher and Co.” but which 
I now carry on alone. In October last I required a horse for my 
work ; Hop wood told me he had a horse that would just suit my 
purpose, and the price was £70. I said if the horse was strong, 
and good enough for my work, I would give him £60 for him ; 
afterwards bid 60 guineas for it, and eventually bought it for £64, 
subject to approval. My brother went down next day to see the 
horse ; the horse arrived at Manchester on the 8th of October : 
the moment I saw him I did not like him ; there was a written 
warranty sent with the horse ; I sent him to be examined by Mr. 
Lawson on the 11th October, and he pronounced him unsound, 
and gave a certificate to that effect, as did also Mr. Mayer, of 
Newcastle. 
Mr. Thomas Simpson , examined by Sergeant Talfourd. — Am a 
farmer at Muckleston Wood, Staffordshire, and a brother-in-law 
to defendant ; recollect being in company, at my house, with 
Hopwood and defendant. Hopwood told defendant “ he had one 
