The Express.
London, England, 1862-02-21 00:00:00

CLENCH r. !WART:

..... .
This was an action to recover 500 shares in the Liverpool
and Loodun Life and Fire Insurance Company. The de-
&Want pleaded that the company did not promise the
Shane as alleged.
Mr. Hawkins, Mr. Serjesuit Parry, Mr. Needham, and Mr.
L. Webb were for the plaintiff : and Mr. Edward James
and Mr. Raymond for the defendants.
Mr. Hawkins, in his opening statement, said that the
*Wilt Mr. Edward Cleoch, the late manager of the Bank
London and National Provincial Insurance Company,
brought this action against Mr. J. C. Evart, M.P. for Liver-
pprcoofh and Chairman of the Liverpool and Loudon Fire and
Life Insurance Conipaty, to recover 250 shares in the latter
company, for himself, and a similar number as trustee for
Mr. Thee. Cave, which the defendant's company had agreed
to give them in return for certain services. In 1858 the
Bank of Loudon and National Provincial Company trans-
ferred the whole of their life and fire business to the Albert
Mike, but the Albert,li being oily a life insurance company,
wan us to dispose of the fire business. Previously
the Bank of Loudon Company had purchased the
tire business from the Anchor, of which Mr.
Cave was the manager. The plaintiff arid Mr.
Cave endeavoured to find a purchaser foe the
Are business, and having mitered into negotiations with Mr.
Bock, the secretary of the Liverpool and London, on the
30th October, 1838, a memorandum of agreement was drawn
out and signed, by which that company agreed to pay
15,000/. for the business and an aggregate of 30,0001. if the
premiums amounted to that sum in the fret year. Mr.
Clench and Mr. Cave were to give their services to the ems-
palsy in order to secure to them the Inneess, and ia return
they were to receive the 500 shires, a note to that effect
being placed upon the memorandum. The plaintiff now
sought to recover the shares, which were valued at 84 each.
Mr. Edward James, on the part of the company, con-
tended that they never entered into an agreement with Mr.
Clench to give him 250 shares, and said that they sever
heard of it until he set up his claim. All the Liverpoolaod
London Company did was to purchase the fire business of
the Alhert ; and whatever Mr. Clench had done was done,
not for them, but foe the directors of the Albert,
who bad undertaken by means of their officers
to try and secure to the defendants • continuance of
the business which bad been sold. Mr. Both would
positively deny that he mutilated the document;
but even supposing it contained the alleged M(10101111K1U111
about the shares, that memorandum had never been sub-
mitted to the board, and, consequently, they could not be
made liable for Mr. Boult's act, which they had
sanctioned.

Mr. J. Ewart, M.P., the chairman of the Liverpool and
Landon Company, corroborated the evidenoe of Mr. Moult.
He am quite certain that the document contained nothing
additional. . .

The Lord Chief Justice mid it appeared to him that there
w no case to go to the jury on the part of the plaintiff.
Mr. fferjemat Parry said it that was so he should not
trouble the jury by addressieg them.
The Lord Chief Justice mad that that was his opinion,
sad the plaistiff was accordiegly acesuated.