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DCL
* Distillers Company L
EDINBURGH
THE HONGKONG DAILY PRESS, FRIDAY, FEBRUARY 1st, 1994.
"D. C. L. "
MALT EXTRACT
with
THE SALE OF A CHINA
RACING PONY.
INTERESTING ACTION AT
"TIENTSIX.
St. Leger, and he put it down to St. Leger talk. The pony was able to win the griffins classical race of the gear, and that showed it was a good animal.
The Mongol who sold and bred the animal, which he sold for $250, said he know through his association with the animal that it was six years old when he sold it, and it reply to a further question said "you can tell the age from the
COD】LIVER OIL action against, Mr. A. H. Mackay claim- teeth.
f
Is made from the finest. selected Barley and malt- ed with the greatest care on the Company's own premises by the most scientific methods of manufacture...
THE
DISTILLERS COMPANY, LTD.
EDINBURGH.
PRICE: Per 15. Jar...
BOLE AGENTS.
Per 2 lb. Jar...
$1.00. 1.80.
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An interesting action has been tried at a session of HM. Supreme Court at Tientsin. Mr. H. E Arnhold brought an ing rejection of a pony named "Why Not which he purchased in March last from the defendant for Tis. 2,000, or failing that, the return of the purchase money together with the cost of the keep of the animal. The pony was shipped to Shanghai, but on arrival there it was found to be tucked up." This at the time was attributed to the animal having been champed up on the voyage. As it continued like this for a month the new owner had it. examined by veterinary surgeons. Dr Keylock found the pony to
"
Mr. Kent (cross-examining): Won't 8250 a low price 1-That is what we get.
But it was a good animal-I don't know much abous the poornem and good- ness of the ponies
Dr. John D. Moore, who gave evidenen of having examined the pony before it was shipped to Shanghai, detailed his reasons for the opinion that the pony was seven years old. He said it was not hard to tell the difference between the teeth of horse at the age of 7 and those of a house 10 years of age, nad be 10 years of age (and not 7 as it had he produced diagrams. He did not know been represented to be). He did not know how to account for the fact that three at the time that there was any trouble Largeons in Shanghai did not agree with about the peay: he rely examined him him as to the age of the pony.
GANDE, PRICE & CO., LTD., of the lameness, and it was highly prot
Tel. Central No. 135.
No. 8, QUEEN'S ROAD OENTRAL.
DAIRY FARM NEWS.
COLD LUNCH SPECIALTIES.
COOKED HAM (PINEAPPLE BRAND... $1.60 per lb.
PORK LOAF
160
BOLOGNA SAUSAGE...
+
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10.
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. PORK PIES
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60 cents per lb.
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QUALITY GUARANTEED,
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SUDDEN DEATH
to
The Judge, summing up, left it to the Jury to say whether there was a war- ranty as to the age and soundness of the pony, either or both.
The Jury agreed that there was a warranty both as to age, and to sound-
They considered that the pony was over seven years of age, that the seller know the purpose of the buyer in obtaining the animal, and that there was an implied guarantee that it would he fit for racing.
His lordship accepted these findings as ugnent for the plaintiff and made an order for the return of the pony and the
as if it was a question of purchase and discarded him for lameness. He was lame in both forelegs. When he examined him on the second occasion the lameness was most pronoadced in the off foreleg, and the pony had marked symptoms of osteoporosis, a disease of the bone charne ess terised by enlargement, softening and increased fragility of the bone. The lower jaw was permanently enlarged, dae, witness believed, to the same dis ense. The disease was the primary cause able that if the animal was lame in Tien- tein it was due to the same cause.
Cross-examined. Dr. Keylock said that refunding of Tls. 2.000, together with Tls. 210 for the animal's keep. If the pony the disease could be developed in two was dead (the Court was caware whe months, and could have, developed bether it was alive or not) damages would tween March 23th (when the pony was a gossed. dispatched from Tentsin to Shanghai) and witness's first examination. He de rided that the pony was 10 years old by the shape of the teeth and their wear.. The idea that ponies which had been brought up in sandy country appeared much older than they were, was much exaggerated but it might have 5000 effect. This would not be enough to make a difference of more than a year. In his opinion about 10 to 11 years of age was the best period of a China pony. Dr. James Edgar confirmed that the pony was suffering from disease on August 3rd when Dr. Koylock made his examination.
Evidence in to the purchase of the pony was given by William Hill, who said he rode races for Mr. Arnhold. He had thought he could rely on Mr. Mackay'a statement that the pony was absolutely sound Witness wrote to Mr. Mackay in one letter. I note that you say he is absolutely sound." The animal was stiff when it arrived, and though, it was not worked for 10 days it had not improved. After 10 days the pony was trotted. It could not gallon, and had not been able to do so since it had come to" Shanghai, Witness did not ride "Why Not "him- self, as he thought it might come downt with him.
In cross-examination, Hill Bid be' did
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not place reliance on the statement, as RUSSO-ASIATIC BANK
The younger the animal the
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more valuable "for racing. He might CAPITAL (FULLY-PALD) agree with Dr. Keylock that a pony was best at 10 or 11 years as in some cases they were at their best at that age. If the hure had been caused on the steamer, witness could have located it. He had no reason to doubt Mr. Mackay's statement ne to the pony's career, but if he had seen the animal he would not have given T. 50 for it. Hi did not think the lameness had developed since "Why Not" was sent, as he had heard rumours that he had been lame before, and unable En race. He did not know what, the Jameness was, ke, could not answer the question am to whether the lameness could have developed after the animal
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Dr. Pratt, in evidence. also said that he was quite sure the pony was 10 years eld. A pony got its full set of teeth st. 8 years, and the outside tooch changed at 6 years... After 6 years one could tell
if a pony was 5 of 10 years, but it might he 81 or 101. Cross-examined, witness smid he did not take into con leration the fact that the pony had been, brought up in a sandy district, and he did not think that fact made the slightest differ- ence in the appearance of the teeth.
A Chinese trainer and mafoo lo deposed that the pony was lame when it arrived, and was still lame. It was inpcesible to gallop the animal.
Dr. Hoch, a veterinary surgeon, called by the plaintiff, gave an exploration of osteoporosis It was, he said, a disease of the bone caused by the absence of Jime. It rendered the bone solt,, spongy and fragile.
Mr. Kept Had the disease been latent in the animal when it was in Tientsin do you think that the journey would be liable to bring the disease outí
Yes.
Witness said that he would be able to tell the age of a pony by means of the appearance without any difficulty.
Mr. Kent: If the horse was all' right, and with no sign of the disease in 1922, would it be possible for it to have a per- manent enlargement of the jaw "six months later—Yes, quite possible. They take different timte to develop the dis eise,
What does that depend on 1-Well, if
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the animal was in a low marshy place HONGKONG CICAR STORE LTD.
it would develop osteoporosis quickly as
the grass has little lime in it.
And would it be possible for the animal to win a race when the disease was latent -Yra, if it wha'just commencing..
Judge Grain: Can you tell us in what time it is possible for the disease to develop -Perhaps six months.
It could not entirely, develop during: the four days' voyage -No.
Tientein witnesses, including Mr. K.
E. Bissell, Mr. B. F. Stewart, Mr. 8. A. Smith, Mr. Henry "Lowthier, Mr. R. E Davis and Mr. R. P. Sanderson gave evi-
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fore it left Tientsine Mr. Davis admitted that he heard the pony was stiff on one occasion, but, that was just before the
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