The Express.
London, England, 1862-05-07 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before Vioe-Chanoellor Bir W. P. Wood.)
RI THE SOLVENCY MUTUAL nrsommi COMPANY.

The Vice-Chancellor, in giving judgment in this case,
said the question was whether Mr. Hawthorne should be
struck off the list of contributories. Mr. Hawthorne be.
came • shareholder in the company by taking • policy for
three years. Upon the back of that policy there was • condition
that every policyholder should be taken to have renewed his
insurance at the end of his three years unless he pee notice
to the company to the contrary. There had already been a
ease at law, in which the validity and effect of such • con.
dition had been disowned ; and upon the whole it ap-
peared free from doubt that the condition was valid
to effect a new contract, so to speak, for three more years,
if due notice were given to the company before the expiry
of the first three years. There was no form of notice pro-
vided in the case of such • desire to terminate the con-
tract, though in other respects the policy weif
more explicit.. The case, therefore, resolved itself
into the was there a sufficient notice given
by Mr. Hawthorne ? That gentleman, it appeared,
effected his policy through • Mr. Sherwin, the agent of the
company for the town in which Mr. Hawthorne resided. His
account was that in 1855 he effected an insurance, paid U.
at first, and afterwards an additional 21.105. upon it.
Shortly afterwards he incurred • bad debt of 16/. re.,
of which he gave notice to the office, receiving in reply
an intimation that nine-tenths of the amount would be
allowed him in respect of it, which sum would be set off
against future premiums. This the company were entitled
to do, but Mr. Hawthorne having overlooked the fact that
such • rule existed was offended at not receiving
the amount in money, and told Sherwin he should
have nothing more to do with the company.
Sherwin's evidence corroborated this statement. and, in fact,
from that time Mr. Hawthorne nevercommunicated with the
company, or received or paid anything from or to them.
Had the statement just alluded to been made to the di-
rectors there could be no doubt, but that it would be sufficient
to terminate Hawthorne's liability. Then came the question
whether Sherwin was a sufficient spot for the purpose of
receiving this notice. It appeared that he was the general
agent of the company, for its purposes in the
usual way, and it therefore, to his Honour that the
receipt of a notice like t • fell within his usual duties.
Mr. Hawthorne's name must, therefore, be struck out of the
list of contributories.

PALMER C.

This was a case ID winch a testator gave all his property
to a natural son, and if he died without children, then to
the children of certain others of his relatives, each of the
persons so to be benefitted then living to have an equal'
share one with the other, and if any of the persons so in.
tended to be Dm:refitted should be then dead leaving a child
or children, such child or children were to take the share of
their parent. The question was, whether the original
children dying in the lifetime of the natural son, and leaving
no children, were to take.
Sir H. Cairns, Mr. Bolt, Mr. Wilcock, My Martindale,
Mr. Inc., Mr. Batten, and Mr. Stevens were in the ease.
The Vice• Chancellor, after commenting on the very pecu-
liar terms of the difficulty of satisfying himself what was
really meant, said that he had come to the conclusion that
the children in question were not to take.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
JANIS O. ZDWAILDS.
- - -

Mr. M. Chambers, Q.671W-frisintm, and Mr. E. J.
Smith appeared for the plaintiff ; Mr. Kerslake, Q.C., and
Dr. Spinks for the defendant.
The plaintiff, Miss Ann James, propounded the will of
her aunt, Mrs. Mary Francis, who died at the agmof 82, at
Fisliguard, Pembrokeshire, on the 3rd of November, 1861,
leaving property worth about 3,0831. Probate was resisted
by the defendant, a nephew of the deceased, on the ground
that the document had not been dory executed and was not
her will. It appeared that the plaintiff bad been adopted
by her aunt when she was only three years of
me, and that she had lir( 1 with her 47 years.
She stated that she had received several offers of marriage,
but had declined them all, at the testatrix's request, and
on her promise to provide for her. The will was not found
until the plaintiff had made three several searches for it
and it was at length discovered amongst some papers which
bad been taken out of the decealed's bureau. It purported
to have been executed a dozen years ago, and to have been
attested by three respectable persons—all d whom were
Dow dead.
[The ease was proceeding when we went to press.]

COURT OF BANKRUPTCY.
(Before Yr. Commissioner Holroyd.)

HI BZ CHABLI* HENRY s out" JON.—nis innc

ANC& TEIZABiII!T....

The bankrupt was a solicitor, of ilf Westbottrne-park,
Paddington, and of Gresham-street, City. This was the
sitting for examination and discharge. The adjudication
was on the bankrupt's own petition. His statement of ac-
counts shows liabilities of 10,8421. The largest claim,
and the one which had led to the bankruptcy, was
that of 9,1901. by the official manager of the Life
Assurance Trethory, now in course of winding-up.
The circumstances under which the claim..aroth were

thus stated by the bankrupt:—ln October, 1860, he gave
promissory notes to the company for 6,1901., and
executed • bond for securing the payment to the
company of an annuity of 2521. • year during
the life of his father, Henry Edmund Vonles, then 53 years
of age. with the understanding that he should not be called
upon for payment of the notes' except he failed to pay
the annuity regularly. The estimated value of the an-
nuity was 3,0004, making the total liability to the
company, 6,190/. At the time this arrangement
was entered into the company released the father
who was then liable to them on over-due notes and bills of
exchange ; and he ale* discharged them from his claim for
bills of meta. The bankrupt states that he was inducei to
enter into this arrangement on a promise that himself and
his father should subsequently be employed at solicitors to
the company, from whi he expected to derive a profit of
at least 5001. a year ; but they stopped payment shortly

afterwards.
Mr. Bagley said he appeared for the official manager of the
Life Assurance Treasury. now in the course of winding-up.
The business of the cowpony was that of effecting insurances.
The called-up capital was 22,0001., but only about 6,0001. had
bean paid up. The bankrupt's connection with the mai-
paoy was rather derivative than direct. His father
had been solicitor to the company, and owed them
upwards of 6,000/. An arrangement was made for trans-
leering the debt to the son, and releasing the father ; but
the son was unable to pay. He had given promissory notes
in October, 1860, to the compact), for about 6,0001., payable
twelve months after date ; also a bond for securing payment
of an annuity of 2521. during the life of
his father, Henry Edmund Voyles, who was there-
upon released by the company. The company had
also undertaken to employ the bankrupt and his father as
solicitors ; but a winding-up order was moo after made
against them. It was impassible not to see that this bank-
rupt had lent himself to a scheme, and undertaken a r
sibility which he could not possibly meet ; and therel
manager would probably feel it necessary that steps should
be taken elsewhere. The debt had been incurred without
reasonable or probable expectation of payment.
The bankrupt was emunined and said be was only ad-
mitted as a solicitor in Trinity Term, 1860, very shortly
before he undertook this responsibility. He had no pro-
perty, and nothing beyond his professional expectations.
Had a very strong assurance from the company that the
business should be continued iu their office. His father hail
incurred large liabilities to the company.
By Mr. Lawrence—His father had derived 400/. or 5001.
a year from the banner of the company, then flourishing.
It was part of the arrangement that his father, who was 54
years of age, should insure his life, and that on his death
the witness should be released from his responsi-
bility. He had endeavoured to make terms with
the official manager cd tSe company, but un-
sucnssfully. Had incurred other debts on the
strength of having the business of the company. The
officers of the company were anxious to carry out this
arrangement for their own protection; it was under con-
sideration for six weeks, and was finally carried out on the
Bth October, 1860.
By Mr. Bagley—The society was then flourishing; every
one could see that. Several of the directors of the company
ware private clients of his father.
13rough appeared for Mr. Barshawe and other large
shareholders in the Life Assurance Treasury.
Mr. Lawrence objected to his being heard, as there was
no direct debt to those parties.
His Honour concurred.
In answer to the court, the bankrupt said the arrangement
was that the business should continue in his father's
office, and that he should become a partner with his father.
Subsequently, his father having some misgivings as to the
position of the company, the partnership was not formed.
The annuity would have been paid out of the profits de-
rived by the company by whomsoever received. He was
never so much astooished as when be heard that the com-
pany was in difficulties. The arrangement as to the pay.
scat of the annuities was between him and his father.
Mr. Inwrance submitted that the arrangement was a per-
firmly reasonable one.
His Honour said the bankrupt bad been guilty of a very
imprudent act ; at the same time there did not appear to
have been any misrepresentation. The company had chosen
to take the guar ntee of the son in place of that of the
father, and they were therefore the more cul-
pable pertain There seemed to have been an expecta-
tion that the son would succeed to the business of the father,
who was in ill health, and that he would pay the annuity out
of the profiles of the business. He had entered into a liability
which, if things turned out unfavourable, he certainly had
so means of meeting ; but if blame was to be thrown any-
where it must be equally divided between the company, the
father, and the bankrupt. The order of discharge would
therefore be granted.

NEw Count Corm JUDGE.—The Chancellor of
the Duchy ci lesseaster has given the appointment of
county-court judge is Noncheatar to Mr. E. Ovens, chair-
man of the Word court of quarter missions.
Lord Palmerston has given permission for the
RocoeYs Boutharaploon, am other volunteers to assemble
in blew& at &midlands, to be inspected and exercised, on
Friday next.