Aug 31 1819 Carlisle Assizes (Scarrow v. M'Annally [a] ...#18 - Cumberland and Westmorland Newspaper Transcriptions

Aug 31 1819 Carlisle Assizes (Scarrow v. M'Annally [a] ...#18

The Times, Tuesday, Aug 31, 1819; pg. 3; Issue 10712; col A

                                CUMBERLAND ASSIZES.
                            CARLISLE, FRIDAY, AUG. 27.     [continued]

     WARRANTY OF A HORSE. - SCARROW V. M'ANNALLY.

Mr. TINDALL stated the pleadings. This was an action to recover damages for the
sale of an unsound horse, the defendant having warranted him sound.

Mr. Sergeant HULLOCK opened the case to the Jury. The plaintiff was a
respectable spirit-dealer in this town; the defendant, as his name implied, an
Irish-man, and a horse-dealer. In August last year, the plaintiff bought a horse
from the defendant, for which he gave a horse which he had formerly bought from
him, and which he had complained of as unsound, at 43L. and 19L. to boot. The
price was thus 62L. It was found that the horse had a severe cold and cough.
This the plaintiff hoped would soon be cured, and he kept the horse for that
purpose. But when the cold was cured, the horse was found to be incurably lame.
Mr. WILSON, a farrier of great experience and considerable character, saw him
and pronounced him permanently unsound. The horse was turned to grass till
Christmas, when the defendant again came to Carlisle, and was told that the
horse was unsound. He first said that he had not warranted him; then, that he
had not used the word warranty; next, that it had been a swap; and lastly, that
the horse was not lame. He should now prove that there had been a warranty, and
that the horse was lame, and known to the defendant to be so, when he sold him.
The defendant had himself bought the horse at Boyle, in the July preceding, and
a Mr. ROBINSON of this county had refused to buy up at that time, on account of
his lameness, and told the defendant that he was lame. Nay, the defendant, after
he had bought him, endeavoured to return him as unsound.

Mr. Isaac BOWS recollected being present with the parties on 15th August, 1818,
at the Lion and Lamb in this town. Mr. SCARROW mentioned to Mr. M'ANNALLY that
he had had an unsound horse from him, and wished to return him. Mr. M'ANNALLY
said that he had another horse in the stable that would suit him. The horse was
taken out and mounted by Mr. SCARROW, who afterwards said he liked the horse
very well if he was all sound and right. Mr. M'ANNALLY said he would warrant him
as sound and good as any horse in England. In the plaintiff's counting-house
they bargained at the price of 62L. Mr. SCARROW had said before that he would
not give a farthing for him if he was not warranted; and Mr. M'ANNALLY replied,
that he warranted him as sound as any horse in England. When the bargain was
made, Mr. SCARROW said, he hoped he had got a sound horse now. Mr. M'ANNALLY
warranted him sound. Mr. M'ANNALLY agreed to take back the other horse at 43L.,
and received 19L. to boot. Witness saw M'ANNALLY in January last, when Mr.
SCARROW said the horse was unsound and wished to get his money back. Mr.
M'ANNALLY said he had not warranted him, and that said it had been a swap, and
therefore that the horse could not be returned. As a reason for not returning
the horse sooner, Mr. SCARROW said that he had not known where Mr. M'ANNALLY was
to be found. Mr. M'ANNALLY was an Irish dealer in horses and cattle.

Cross-examined by Mr. RAINE. He swore that he thought the landlord of the Lion
and Lamb did not know where Mr. M'ANNALLY was to be found. Mr. SCARROW tried the
horse at leaping. The first sum required was 65L.

Mr. Thomas WILSON, a farrier for 7 years in Carlisle, looked at the horse at the
plaintiff's desire on the 17th August, and rode him. He found him lame in the
off fore-limb as he rode along Scotch-street. The lameness subsided before he
got off him. The lameness was in the foot from contraction. He imagined it could
not have been occasioned since the preceding 5th. He saw him several times
since, always lame. In his judgment he was an unsound horse.

Cross-examined. Riding him severely in hunting would make no difference as to
the contraction of the sinews: he saw him in November, and saw one of his knees
damaged: they had not been so the first time he examined him.

Re-examined in chief. - It was the near fore knee; it was only scraped.

Mr. Joseph HENRY, about a month after the horse was bought, rode out with Mr.
SCARROW, and observed the off fore foot to be very lame. Mr. SCARROW had great
difficulty in keeping the horse from falling; witness wished M'ANNALLY to get
the matter settled: M'ANNALLY said he never warranted him at all, had never used
the expression, and had only said he was a sound horse.

Cross-examined by Mr. POLLOCK. - He dared say the defendant was always to be
heard of at the Lion and Lamb: he was a great dealer, and a very respectable
man: he thought he stayed a few days after the 15th.

Re-examined in chief. - He had gone at Mr. SCARROW's desire to the Lion and
Lamb, to inquire after the defendant, about a month after the 15th of August;
and he was told they did not know when he would be over.