COATES V. STEPHENS. 
547 
heard the mare cough. I mentioned it to the man, who said, “ Oh ! Sir, it 
is nothing; it is only her coming out of the hot stable into the change of 
air.” I liked her; and taking this for granted, I, on the 20th, the succeed¬ 
ing day, purchased her. With her I got this warranty. Stephens and his 
wife were together when I received it, and one of them gave me the war¬ 
ranty. 
The receipt was here put in— 
Received of Mr. Joseph Coates, the sum of 25 guineas, for a Chestnut 
Mare, warranted sound, and 5 years old. 
“Thos. Stephens.” 
I then drove her to Wrington. I was about an hour and three quarters 
going: it is a very hilly road, and I drove her very gently. While I was 
going from here to Wrington I observed that the mare coughed several 
times. I delivered her to my brother, and remarked to him on her cough, 
and he wrote to the defendant about it. About the end of July I met the 
defendant in Bristol—I believe in Berkeley Place—and I said to him, “ Why 
did’nt you answer my brother’s letter?”—referring to the letter which was 
afterwards read. He said, “ Oh! I will make it all right. Sir; I have been 
out of town purchasing horses; but the mare has nothing but a little cold.” 
I am in no profession. The letter was here put in. 
Cross examined .—I reside at Downend. I do not live with my brother. 
I did not buy her for the purpose of giving her to my brother. I did not say 
so at the time. I told Stephens that I had purchased her for my brother; 
and that he very well knew. It was a very hot day when I drove her to 
Wrington. I started about the middle of the day: I drove her very gently: 
she was not much heated, for I walked up the hills, wishing to shew my pur¬ 
chase to the best advantage. 
Stephen Cullinan .—I was in the service of the plaintiff in July 1837. I 
was his groom. I remember the roan mare which Mr. Coates purchased. 
I attended to her, and put her in the stable upon her coming to Wrington. 
I observed her coughing all the afternoon after she came home. I remarked 
the cough to my master. I did not give her a mash that day; but I did on the 
next day, for she still coughed. On the 22d, she coughed ail day : she did not 
go out that day. On the 23d, master observed that she was very ill; and he 
sent for Cooke, the farrier, who bled her, and gave her a mash. On Monday 
she had a purging ball given her, and she was kept in all that day. On the 
25th, she had the cough still on her, with a running from the nose, and a 
bad smell: she was not used that day. On the 26th, she was not better. 
On the 27th, master drove her about three-quarters of a mile, to Haviot 
Lodge; there was a patient of my master’s there. When she came back 
she (lid not go out again that day;—when she came home I did not walk her 
about, but put her into the stable, and cleaned her down. On the next day 
she appeared a little better, and was driven to Blagdon gently : I went with 
her: a cloth was taken and put on her when we stopped. On Sunday 
she was sent to drive my mistress to church and back: it is about three- 
quarters of a mile. She was then sent, on the 5th of August, to Mr. Kent: 
I did not go with her. She came back the same day: my master went with 
her; and when he came back he brought home some balls, and I gave her 
one of them. In two days after, on the 7th, I was sent with her to Mr. 
Kent’s, who examined her, and wrote a certificate. I left her myself with 
Fisher at the Repository. I took her first to Stephens ; but as he would not 
receive her, I left her at the Repository. 
Cross examined .—It was about three or four o’clock on the first day when 
