THE COURTS—TO-DAY

Evening Star, Issue 14224, 25 November 1909, Page 6

THE COURTS—TO-DAY

SUPREME COURT.—CIVIL SITTINGS. (Before His Honor Mr Justice Williams and a jury of four.) SINCLAIR v. FREEMAN.In the case of Thomas Sinclair, of Balelutlia, butcher, v. William Freeman, of Waimato, horse dealer, claim £2OO in connection with an exchange of stallions, Mr Hay (for the defence) stated that it was di-nied that Up-to-Date. the stallion exchanged by the defendant for the plaintiffs Dalmnir. was unsound, and it, was further denied that it was represented or guaranteed that it was sound. Two veterinary surgeons had examined the horse since, and had pronounced it sound. The horee had a habit of trembling, and unless a man wop an expert he would judge the horse to be unsound. Both these veterinary Fiirgeon* sure, the horse a proper test. When the horse was returned to him Mr Freeman himself, and Mr Dalglcish to some extent, observed that the horse had a trembling ir. the flank, but Mr Freeman attributed it tc the fact of the horse being a high-bred and nervous animal. Mr Freeman had a doubr at the time of this sale whether the horr.--was sound or unsound, and would not take the risk of guaranteeing, and those were the actual instructions lie gave to Mr Daljilpwh. Up-to-Date had taken fourth prize at the Dunedin horse parade when there w?re forty-seven other horses competing. The defendant, cross-examined by ?.'r MacGregor, said that if he was judge at a parade he would never think of giving n horse a prize if it was suffering from a nervous complaint. He was sure that the judge at the Dunedin parade would not have done so either if he had noticed the horse, was "nerved."

After further evidence, the question arose as to whether the Gouifc -would sit in Ih< afternoon. His Honor 6aid, seeing that il was a public half-holiday for the Show, hj« would leave it to the jury to say whether they would, care to sit or not. 'The foreman, after consulting hi& colleagues, announced: "'The jury want a half-holiday." • Mr Hay intimated that he would have j other evidence to call to-morrow mominc:.