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EASTERN LAWSUIT OVER EVEREST NEW YORK N Y May 21 An interesting lawsuit is on in the Supreme Court It is over the srile of Everest the fouryearold son of Ben Brush and Aggie Marden now standing as a sire in Ken ¬ tucky and owned by S K Nichols of Paris Kv Last July John Madden owned Everest and sold him for 7000 to George D Smith the dealer iii rare books who races as the Brighton Stable Everest was a good race horse but went wrong and was retired retiredAVlien AVlien the sale was made Mr Sniitli gave Mr Madden a note for 2000 as part of the purchase money After the horse went wrong Mr Smith refused to pay the note and Mr Madden sued him for the 2000 it called for Mr Smith has entered a counter claim for 2000 in addition to the notes value declaring that at the time of the sale Everest was unsound and not in condition to race though guaranteed and was only worth the 1000 for which he was resold Mr Smith alleges Mr Mad ¬ den was fully cognizant of the true facts when tlu sale was consummated and demands repayment of moneys he expended in keeping Everest after the sale AVhen he came into possession of the horse Mr Smith states he learned the real facts and placed Everest on the market The highest price he could obtain according to Mr Smith was 51000 which was the full yalue of the horse
