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THE LAW.
this day
SUPREME COURT-CIVIL- SITTINGS.
Lietore Ilia Honour the Chief Justice
(Sir 1'opeA, Cooper).
COX V. A10&L&X AND OTHKRS
, , _ , . (Partly Heard),
Lukm, with him Air, Waraell (In
structed by Alesara. Morris and ‘ Fletcher)
U, .uvcaio. i«jU4 »'ia UIW
lor the pluintitV ; Air. Stuinm (instructed
by Aleesrs. Chambers, AI‘N‘ub, and Al’Nab)
for the defendant; Alosman ; Air, P. B.
Aiaegtegor, with -him Air. AFLeod (in
structed by Messrs. Atthow and
A1‘Gregor), for the defendants, isles, Love,
Uie hearing of this’ action, arising out
of a transaction in Ole racehorse Dalli
ance, 'was continued, >
F. C. Cox, the ‘ plaintiff, under further
cross-examination by Air. Alaegregor, said
Unit wlten lie saw Dalliance at I’lem
inglon he considered the horse broken
down. After, it had spelled for three or
lour months, lie leused it to Air, Bell for
racing purposes. Ho did not wish to feed
the horse any longer than he could help.
Bho lease was 'terminable at will, and as
u matter of fact it . ended on August 21
or 20, Since A larch last lie hud placed
i.hc home with lloiidriiek to train, paying
him £2 a week, •Hendrick had it‘about
four months. Dalliance ■ had been in
work for some 0 weeks when it went
lame. After Hendrick had done with the
horse witness sent it to Baedhtts. Alaish,
P»« for spelling horses, The charge
• 30/ a week. Air. Bell started racing
the horse;
By Mr.-Stumm; He bought the hors*
through Air. Jackson, Isles for his mother.
He did . not Hunk it were Mated in
racing notes that ,Dulliunc« raced for the
first time in Victoria on,July U,.aud twice
again in August, 1907f.lt had a gobd
record, and won the King’s Cup in Bris
bane on .November 10,, 1900. Witness uaw
the race, lie did not know that the
Horae had enlarged fetlock joints at Dial
-,m\e* surprise him very much if
it bnd{TO, same joints as it had when
he exainmbd it in Alelbourue. Dalliance
Jf»ccd ngtflflt in January, '■1907, and -be. be
Jievihl ‘ rah1* shockingly; bad; ’»a tlio prOba
buity ;ivaa - tliht its fetlocks were enlarged
aboiit jfmus’ir "Jlc.»(^tn«s), •knew nothing
, Do 4hmk an owner would race a'
horse^iff it, were probable. 4t would run
lame ?-sWell, I have seen them run horses
on three legs., (Laughter). Witness, con
tinuing, said that Air. Bell wrote a para
graph for a newspaper, in Which the
phrases “the proved good horse Dalliance*’
and _ Uie era^c four-year-old” occurred,
mid it was quite possible tilrnt D.thance
}ras the best four-year-old colt, but ho
tihougm Alexis was better. Mb did not
remember telling Air. Faluncr that he had
acted us agent for Air. Arosmnn, Ho
might have considered that lie was acting
m conjunction with Hies, Love, and Cu„
us agents for Air. Alosinan in the sale u£
V®. 1,ora? to '.Ur. M. He told All-.
Palmer that Mr. Bed would not take tlio
horse. Mr. Palmer looked as if he had
done something clever by selling u broken,
down horse to witness as a sound horse.
As far. as he was. aware Air. Aksman wag
out of the colony at Hie time of the sale.
He would not like to say what he would
take for Dalliance now. He would • not
sell at present j the thing was in dispute
now. lie would take considerably less
than £130 for it.
_ What will you take? I can hardly say,
take lessj-considerably less tlrnn the
lively charges I have paid,
ove»°thatUCh ^ ? 1 hJhouM — tlhink
Will you .take le® than £100? Yes, I
Will take AO for him.
Be*
.. -by Air. Lukin : He bought
the horse . Alexis through Isles, Love,
and Co. Neither' Mr. Alosman __
solicitors lmd mude any application to be
allowed to inspect Dalliance
James Washington Irving, Veterinary1
Surgeon, deposed to having examined Dal
liance' on February 14, 1907, at the rc
Sacst of Isles, Love, and Co, He asked
Ineklock what he was to ex
iimfne the horse f*y, nnd B'ack
lock replied that it was for soundness
for race purposes, and as a mre. After
examining the horse, witness said "I
cannot pass him as perfectly sound ; but
* do pass, him aa sound for racing prn
iaPS. TTft nlon <tran, nUAnitnn tn <-1.^
poses." He also drew attention to the
enlarged fetlock joint*, which really con
stituted the unsoundness, and' said he
did not think the .horse would stand too.
long on his legs. Dalliance at the time*
was not thoroughly sound as n race horse,
neither was he in good condition. So far
He did not. certify that the horse was
god. condition-and would not have done
so had he boon asked. Later on lie re
ceived a telephone message from Isles,
Love, and Co. asking if he,had examined
the horse. He replied that he had done
feo, but did not like his front legs, or his
front fetlock*. ■ as they were enlarged.
They asked if.he could pass the hor^c
as sound for racing purposes and witness
said he could,, but he said he could not
pass him as^ a thoroughly sound, horse.
He sent them ;.a certificate. He valued
the horse at that time at from £100 to
£1S0. An Indian buyer would not .have
accepted the horse in its then condition.
Croffl-cxamined by Air. Afacgregor: Air.
IMes did not read to him through the
telephone the letter from Cox. He could
not distinguish between a, horse being
sound for racing purposes and sound as a
racehorse. Soundness meant without
blemish of any description, If ho certi
fied that a horse was sound for racing
purposes, that was equivalent to certify
ing Hint at was Bound as a racehorse.
Enlargement of the fetlock joint* 1
their racing career with enlaced fetlock
joints. Dalliance was never a very robust
3ionse-T-always.’a horse of the . lean bind.
At the time examined die fluid turned Male,
but was in fair racing condition.
■By the Chief. Justice : The Iwrose was
Bound foriraoing purposes, but was not a
(Proceeding:.)
$