CRIPPS v. SMVTH. 
295 
ranty of the horse, or contract for a warranty; and even if 
there were, a breach of it would be no defence in this action, it 
being brought upon a specific security given by the defendant 
for the price of the horse. Nothing but the existence of express 
fraud could vitiate the matter. As to the opinions of the vete- 
rinary surgeons, they came too late. Mr. Cripps had consented 
that the horse should be examined by competent persons before 
the bargain was closed ; but that not being done, the plaintiff 
had no right afterwards to complain. Then, as to the account 
which had been given of the unsoundness of the horse, he con- 
sidered that of no importance. Every one knew the hard swear- 
ing in most cases of this kind, and he had no doubt that he 
could easily have obtained an equal number of veterinary sur- 
geons who would have sworn any thing. One thing was certain, 
that Mr. Cripps was willing to have him examined by any vete- 
rinary surgeon in Limerick ; but, after he had been taken from 
Limerick, he, very properly, would have nothing more to do 
with him. The horse was taken away without a warranty. 
Captain Irvine, who, in the after-state of the negotiation, acted 
for Captain Smyth, did not demand a warranty, and had no 
instructions to do so. 
The learned Judge was of the same opinion. The plaintiff had 
received a certain bill of exchange from the defendant ; fraud only 
could vitiate the security, and that fraud had not been proved. 
The Jury found a verdict for the plaintiff of £156*. .155. da- 
mages, and 6d. costs. 
[A very proper verdict, under all the circumstances, this seems 
to have been ; but the proceedings before the actual sale of the 
horse are singularly strange. Mr. Cripps was certainly aware of 
the defects of the horse, and, perhaps, should have been somewhat 
communicative about them. He does, however, offer him to the 
examination of any veterinary surgeon before he was taken from 
Limerick. Captain Smyth’s brother saw that the horse had 
over-reach, and that he was older than Mr. Cripps said that he 
was. Captain Irvine came over expressly to arrange about the 
horse, and was warned by Cripps himself not to take away the 
horse until he was satisfied about him, for, after having once left 
his stable, he would never take him back again. The veterinary 
surgeon of the Carabineers said that he had contraction and 
thrushes and cataract, and yet he is bought without a warranty. 
With all this, however, we have nothing to do. Our present 
business is with the counsel of the plaintiff, who, in reply to 
the straightforward evidence of Messrs. Hollingsworth, Browne, 
and Watts, said (at least we are so informed), that, “ he 
could bring double the number of veterinary surgeons to swear 
any thing.” 
