South Eastern Gazette, 4 April, 1860.

KENT COUNTY COURT — MAIDSTONE.

This court was held yesterday, before J. ’Espinasse, Esq., Judge. The cause list comprised a total of 206 cases.

Horse Case. — Town v. Costen.

This was an action to recover £29 18s. through a breach of warranty. Mr. Morgan appeared for the plaintiff, landlord of the "King’s Arms," Maidstone; the defendant, who did not appear, being a fruiterer living at Farleigh.

Plaintiff said that on the 13th February he was at the "Mitre" stables, where he saw defendant, of whom he bought a horse, and in exchange gave him another horse value £18 and £7 to boot. Witness told defendant that he wanted the horse for a gentleman, and asked him whether he could warrant it as a quiet one, when defendant replied "Oh! I can warrant it as quiet as a lamb." On the 15th of the same month plaintiff put the horse into a cart and took it out to see how it went. When in Sandy-lane, about a mile and a half from Maidstone, the horse set too kicking, knocked in the front of the cart, and threw plaintiff out, rendering him insensible. Plaintiff applied to defendant to return the horse and money he had paid him, but he took no notice. The damage he had sustained was £2 4s. 3d., and the keep of the horse had cost him £2 14s.

Henry Hawkins was called to prove the purchase, when his Honour remarked that there was no necessity for his evidence. The horse was warranted as quiet as a lamb, instead of which it appeared to be more like a lion [laughter].

Immediate payment, with costs.