The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-06-26 00:00:00

ACTION AGAINST AN ASSURANCE
COMPANY.

in the Court of Common Pleas, Lord Chief Justice Bolin,
with a special jury, 11aa had before him the case of "Cowman
v. the Gresham Inoirance Company." This was an action
upon a policy of insurance effected upon the life of An.ustus
Owen for £l,OOO. 1 lie policy was dated the lath of March,
10510, it ems for the period of one year, and Mr. Owen died ou
the 10th of July.
. .

The plaintiff was house steward to the late Duchess
of Northutulterland until her death, three years ago.
He became acquainted with Mr. Owen, a young man
who had formerly been an officer in the 23rd Regiment,
mut he lent him some money on bills. In February,
1868, the plaintiff's claim against Owen was represented
by a £450 bill, and it was then agreed that in considers-
tben of the plaintiff advancing another,llso Owen should
insure his life for £3,000 and assign the policy to the
plaintiff. *rd that he should also give the plaintiff a
bill for £6OO. These terms were carried out and sub-
sequently there was a further charge upon the policy
in respect of a MO bill which a finely had discounted
for Mr. Owen, and upon which the plaintiff had placed
his name on the understanding that he should bold the
policy as eecutity for it.
In the proposal for the insurance it was stated that
Mr. Owen was lila affl cted with any (Uses,se tending
to tihorteit life, and that he WAY of sober and temperate
habits; but the case for the company wS.s that these
statement s were not true. It was sail that before the
policy was effected Mr. Owen htvl ruined his constitu-
tion by dissipation, that he had for some time been
spitting blood, and that lie was constantly leading a
tweet intemperate life. There was this further tact
that the tuei.ical certificate of death furnished to the
plaintiff himself stated that Mr. Owen had died of
delirium trimcns of long standing. It was also said
that Mr. Owen had been "got up" by a pick-me-
'up," prepared by a chemist, for the purpose of passing
inspection at the office; but still the medical officer
seemed to have had some suspicion, because he en-
dorsed the proposal, "Make private inquiries as to
temperance."
In the course of the case it was agreed that the
matter should be disposed of without the intervention
of the juty.
Sir J. Kerslake said that be had no doubt of the
success of the case which he could lay before the
jury. but the insurance office had reason to believe that
the plaintiff did not know of the circumstances under
which the policy had been effected, and therefore they
would consent to withdraw a juror upon the polity
being given up.
Mr. Pt entice was bound to observe that the office
were perfectly justified in defending the action; but
the plaintiff when he lent his money did not know
that Mr. Owen was other than a sober and temperate
man.
The Ltird Chief Justice said that he thought that
there was not the shghtest reason to suppose that the
plaint if was affected by notice of Mr. Owen's condition
at the time ot insurance.
The jury coocurred in this opinion. The policy was
then given up and a juror was withdrawn.

THE WEATHER AND THE HARVEST
•
The Chamber of A griculture Journal, writing on the har-
vest prospects, remai ks
The wheats in the north and east are certainly not
first-rate. From North Yorkshire we learn that there
is a thin and defective plant on the heavy soils, said in
the West Riling the crop cannot be an average. In
North Lincolnshire the wheats are reported to promise
less than an average; and in South Lincolnshire and
the Great Fen Level the crop may be an average, but
will certainly be late. In Cambridgeshire wheat looks
tolerable well, the same is true in Norfolk and Suffolk,
and in Essex the crop is good upon heavy land, but on
the light lands imor. In the southern counties the
wheat is earing three weeks later than last year, and
it is reported doubtful if a full average can be attained.
And the midland counties do not promise more
than an average wheat crop, even with the best of
weather. The prospects ef barley are equally unsatis-
factory, the weather having been too cold for produc-
ing heavy crops. In Norfolk and Suffolk the barleys
look well on the highly-farmed lands, but on thin soils
are defective, backward, and yellow. Oats, beans,
and peas tell a more favourable tale. The potatoes
come up irregularly, and have to some extent thrown
out super-tubers, instead of putting up a vigorous top.
As far as probabilities strike us now, we anticipate a
rather late harvest—that is, three weeks or a month
later than last year—and a yield of wheat and barley
somewhat below an average; an average, however,
being possible if we should have a settled sunny July.