The Express.
London, England, 1849-07-06 00:00:00

iintelitgence.

COURT OF COMMON PLEAS—TurreiDAT.
mot nu...--Bmaz COW JIMITICI W 11.1114 AND • COlllllO3l
JOST.

SMITM V. S►rtLTux. - AL-1.71;.0-ED ATTEMPT TO DITILAIID

rHe BON TIM optics.
This was an action against the detendant, sued as the Tre-
asurer of the Sun Fire offiee, to resover 1,580/.. the amount of
policy t
o'
insurance effected by the plaintiff at that•e M e
upon hie stock in trade and furniture at M.o. 18 and 19,
High WTI M. I& ,iton, and lately consumed by are. The
defendant pleaded the goods was. not areasusied by Hee ;
that the fire was eamed by the wilful act of the plain-
tiff, and, lastly, that plaintiff had fraudulently and wilfully
delivered in a false account of the extent of the loss.
Mr. Strjeant Blies, Mr. Lush. and Mr Barnard appeal
Yee the plaintiff ; Mr. Cockburn, Q C , Mr. Montagu China-
town, Q C., and Mr. Creasy 6,r the defendant.
It appeared the plaintiff had formerly esaied ea business
at 8e... k.lOll, bat took premien in August, 1847, at Noe.
18 end 19, High-street, Islispiton. where he had a draper's
shop and %attars warehouse. Ilis mother lived with him
there. and there were two shopmeu in hie emplovment. The
dawarmee upon his stock and furniture woe etc eI, and
the pre miens paid by him upon the policy of insurance, in
Mach, 1848. and the fire occurred on the 17th of May in
that year. In order to prove the plaintiff's case a number
of traessmen were called, who proved the supply
at different dates from August, 1847, and pp.
VlOll2 to the fire, of goods to plaintiff in the way
of his trade, at somata ranging from 20!. 1. 1001.
with the exception of two. Slater and Bailey, who deposed
to hiving supplied plaintiff to a much larger savant, as to
aroma them a small Wanes was shown to be still due from
plaintiff; and on mote 'amain ition aid inspection of the
books of Slater and Bailey, ea apparent interpolation in their
books in increase of the amount of goods supplied wan not
explained. As to the origin of the fire, no sugention was
offered by plaintiff, but the account given by Mrs. Smith,
plaintiff's mother, and Buck, ens of the sbopmen, who were
at hems with the plaintiff on the night of its occurrence,
was that they were sitting in a beck room on the first floor,
the shops Ming shut up below, and the gas turned off, when
at hal -put ten o'clock, supper being Just over, a violent
knocking at the door and ringing of the bell were heard,
whereuton plaintiff marred to the window of the front room,
and au alarm of fire was given from without, upon which he
returned and made for the door leading to the staircase be-
low, but mem by the staircase being prevented by volumes
of rising smoke, they all three, and not without difficulty,
mad' their twiPa by means of a lodge outside the front
window, into Malkin's public-house, which was next door.
On cries examination of Mrs. Smith, and Buck, one stated
the doer between the tees rooms and tta door leading
n on the staircase were open, which the other denied.
It al.o spnesred amongst the goods consumed were the
plaintiff's intended wedding sloths, as he was shortly to be
married, tied that %heath's' were about to be made in the
house with a view to his approaching nuptials. CapoVek,
the plaintiff 'a other shopman. who was not at benne when
theists broke one, and who had been in communication with
the Sun Fire Office, was also pat into the box. He maid 'be
stock and furniture were valued berme the insurance was
made at 1,2C01., and not 1,6001.; sad, upon examination,
stated be had twisted the paintiff in making out big claim
after the are, when the pl data told him to put down goods
that were net on the premises, and make the pima more, in
order to mike up the amount of the insurance, which was
accordingly done. This witness spoke minutely as to the
gross exaggeration of the items of claim sent in to the office
compared with the actual quentities and value upon the
premises et the time tlf the fire. He said plaintiff was in
pecuniary enshamessanate, which wes confirmed by other
evidence in the came, a, red, that his stock was at the lowest
ebb when the firs took p;ams, and that the witness, Slater,
had acknowledged to him he had been induced to enter in
kls looks as supplied to Plaintiff 1001. worth more rode
than Slater had actually supp 'led. Witness had mentioned
these things in a couvereatioa ' to a person named Edifies,
which r. lulled in a communinti'm with the fire ofliew.•
Witness when he letr plaintiff% .service wont to Greenwich,
end had since set up in trade fur .'rim-elf and become hint-
/opt. Boma general evidence was a lso given to show plain-
tiff's treatises IMO full of goods at th.t time In question, and
thie e tneluded the plaintifra are.
Mr. C tekhurn then addressed the fne • for the dart=rdaral"
and snot that his client., the Sun Fire Office, hod a well-
merited reputation for liberality in cesdnet.ine their husiwaat
sad it was only from a sense of duty wht:•th they owed to
their gm. holden that they hod been driv.en to resist the
claim of the plaintiff, mons bend in tested and iniquity.
Imamate offices were eden euege to m' demands,
though grave suspicion estaandsa these dent•hds, from
their inahility to provide dew midente to them el Tee.
In the present the elite et smel contested
the clam, on the of fee grawessefigtaasy, but fs OW
0N15•509 of the informilitahglavz by theedek, muddle.'k
to 4Wyke as the (night GM oldie Ilre were set o• leot.
TM result was tkrj woo put tirmolo• of a logy ef evi-
dent. which weem have se that the ere eeighestei
lht dteign. It wadi ewer it the moment of the ehwu
Meg given plated, west to the wlsolow, lead denied there
was any In. Them the are was .sea to re-. in four
Newitte puts of the Milan elantlassomiy. No Ise