case lee against Atkinson and brook see Donald v suckling lr Q b if a person  hire a horse for a certain time to go to a particular place the owner can  justify retake the horse violent within the time although the hirer go to a  different place Yelv Bl Com hawk p c action of battery bring in London for  assault the plaintiff in such a parish and ware and for beat wound and  evilintreating he to his damage of one thousand pound the defendant as to the  force and arm plead not guilty and as to the residue Atkinson plead that at  the time wherein c at Gravesend in the county of ken he be possess of a  gelding and that the plaintiff then come to he to hire the gelding for four  shilling for two day to ride from Gravesend to Nettlebed in the same county  and from thence back to Gravesend in that time and that the defendant Atkinson  for the consideration aforesaid at the same time lend the gelding to the  plaintiff who take and road upon he for the space of a mile towards Nettlebed  aforesaid and intend to deceive the defendant of the say gelding go out of his  way to b and road towards London by reason whereof Atkinson in his own right  and the other defendant as his servant come to the plaintiff and require he to  deliver the gelding which he refuse to do Atkinson in his own right and brook  as his servant and by his command to repossess himself of the gelding lie hand  upon the plaintiff and take he from horseback and will have take the gelding  from he which occasion the plaintiff by force and arm to assault the defendant  and by strong hand to keep the gelding whereupon the defendant do maintain his  possession of he against the plaintiff as it lawful be for he to do and if any  damage croak James er p happen thereby to he it croak throw be de son tort  demesne and traverse that he be not guilty in London or any where else out of  ken c the plaintiff demurrer and it be adjudge for the plaintiff for the  battery be confess and that it arise from the misbehaviour of the defendant  for their plea in bar say that the plaintiff have hire the gelding for two day  and that they in that time disturb the plaintiff of his possession of the say  horse and thrust he off his back which be not lawful for they to do for  whatever the intent of the plaintiff be either of cozen the defendant Atkinson  of his gelding or of ride he to any other place than be agree upon the  defendant can justify the seize and take away the gelding from the plaintiff  within the time for which he hire he for during that he have a special  property in he against all man and in case the plaintiff have misuse the say  horse the defendant Atkinson may have bring his action of the case against he  croak throw easter term James in the king bench sir Thomas Fleming Knt chief  justice sir Edward Fenner Knt sir Christopher Yelverton Knt sir David William  Knt sir John croak Knt justice sir Henry Hobart Knt attorney general sir  Francis Bacon Knt solicitor general