
    The State against Delyon.
    Selling a blind horse, as a sound horse, is not an in* dictable of-fence ;though a very good ground for an action of deceit.
    THE defendant in this case, was indicted under the swindling act, for selling a blind horse, as and for a sound horse, excepting a blemish in one eye; when the defendant had been told he was a' blind horse, before the sale.
    
      The attorney-general contended, that this was an act of swindling, under the late law for preventing such deceitful practices.
   The Court,

(present, Waties, J. and Bay, J.)

after hearing counsel in reply, were of opinion, that this was not such a fraud as was indictable, either at common law or under the act of assembly. That it had the appearance of a breach of contract, or rather a concealment of a blemish, (if the defendant knew it,) for which he was answerable in damages in a civil suit. That to encourage a prosecution of this kind, would have a tendency to bring almost every civil injury into the jurisdiction of the court of sessions, which might be extremely injurious in its consequences, to £he community.  