ANGLO-CELT -- January 4, 1853 -- part two of two -------------------------------------------------------------------------- RECORD COURT - TUESDAY, JULY 12. CASE OF WARRANTEE. Lynch v. Price. John BROOKE, Q.C., applied to have the case of Lynch v. Price proceeded with, as the defendant for whom he was concerned lived out of this county, to which applicaiton the Chief Baron acceeded, when the following jury were sworn : -- Richard REILLY, foreman, A. BERRY, R. CLARKE, John ELLIOT, David GRIFFITH, John WARREN, A. FARIS, H. GIBSON, Thomas REILLY, W. M. BLACK, R. WALPOLE, Mr. JOHNSTON stated the case for the defendant, whom Mr. MAJOR, Q.C., described as a peaceable and unlitigious man, ill-disposed for law suits, and that in order to avoid the present suit he had several communications with defendant, who did not avail himself of these opportunities, and, therefore, was alone responsible for the issue of the trial. He stated that the case arose out of a false warrantee by which plaintiff was induced to purchase a mare from defendant for the sum of £19, in the fair of Kilgolah, on the 27th November, and that he got a warrantee from defendent, "that the mare was all sound except a splint on the leg," this was on Saturday, on the Monday following Mr. LYNCH observed an excrescence on the leg of the mare. He (Mr. L.) consulted a farrier for the purpose of ascertaining what was the matter with the mare, who stated that it was a disease called malanders. He kept the mare up to the 14th of December, when he caused a notice to be served on the defe! ndant, on the 16th December, warning him to take back the mare, and refund him the price he paid him for said mare. Defendant took no notice of that (which is the cause of the present case coming before his lordship), the mare was subsequently sold by auction, in the defendant's presence, for the sum of £12, the difference between which and 19£. being what plaintiff seeks to recover. Rev. E. LYNCH ato Mr. R. JOHNSTON -- I am a Catholic curate in the parish of Ballintemple in this county ; recollects the 27th November last ; was in Kilgolah ; saw a mare belonging to Thomas PRICE which was purchased for me ; was present myself ; paid 19£. for the mare ; got an engagement, he engaged the mare all right, except a splint on one foot ; brought the mare home that evening ; brought her about six miles on the second day after I bought her in Kilgolah ; I found scabs on both the houghs ; did not know what it was ; I showed the mare on the moment to Mr. COYLE, who will be examined ; showed her on the 14th of December to Thomas TIERNEY, who is a blacksmith and farrier ; she was under treatment with him ; had notice served on Mr. PRICE ; Mr. TIERNEY advised me to this ; he stated that the mare was unsound ; he (PRICE) did not take back the mare ; sold the mare on the 27th December, at which sale Mr. PRICE attended ; my brother, Patrick LYNCH, bought the mare for 12£.! ; offered him 3£. to take back the mare ; he (PRICE) refused ; the mare is now in my possession ; I showed her to Mr. TOWERS, a veterinary surgeon, who will be examined. Mr. J. BROOKE, Q.C., examined witness at considerable length, but did not cut down his direct testimony. ------------------------------------------------------------------------ County Cavan Newspaper Transcription Project