The Express.
London, England, 1847-07-12 00:00:00

ASSIZE INTELLIGENCE.

HOME ClRCUlT.—Rearroan, InLe 10.
Before Mr. Bann Parke and a special jury.
MORITZ S. THE DEFENDER INSURANCE COMPANY.—
DISPUTED POLICY OF IN SURANCE.—This was an action
brought by the plaintiff, Raphael Moritz, to recover a sum of
6801. from the defendants, upon a policy of fire insurance
effected in their office for 8001.—The defendants pleaded
that the fire had been wilfully occasioned, either by the
plaintiff himself, or with his knowledge, and also that he
had made • fraudulent claim upon the company with regard
to the amount of property that he alleged was destroyed by
the fire. The plaintiff in this action was a Prussian Jew, and
he was stated, by his counsel, to be a dealer in embroidery and
articles of Berlin wool manufacture of a costly description.
In the beginning of March he hired • shop in New
' Bend-street, chiefly attended to by • Miss Ferguson,
his wife's sister, and his brother, George Moritz. Very
soon after he took possession of the shop he effected an
insurance with the defendants for 8001., and the fire,
it appeared, occurred on the 29th of April. On that
day it was represented that the shop was left quite safe,
about half-past seven in the evening, by George Moritz,
there being at that time a small fire in the grate ; and it
would seem that in a very short time afterwards the shop
was discovered to be on fire. It was represented that when
the plaintiff's brother and Miss Ferguson left on the night
in question there were • number of pasteboard boxes on the
counter, and in drawers under it, which contained a great
number of valuable Waves of work; but although the fire
appeared to have been got under in a very short time after
the alarm was given, the plaintiff alleged that the whole
of this property was destroyed, and he made a claim for a
large number of articles, some of thembeing valued at twelve
guineas each, and it was I. make out this claim that the
present action was brought. George Merits gave evidence
to the above effect.—Cross-examined by Serjeant Channel' :
Witness came to London last August, and at that time his
brother was living in Liverpool, where he carried on busi-
nee, as a cigar manufacturer and dealer in articles of Berlin
wool. There was • fire upon his brother's premises there,
and he made a claim upon the office in which he
was insured for upwards of 4001. ; but they re-
sisted the claim, and only paid him eventually 1001. 4s.
The name over 'his door was Moritz Cohen ; but Cohen is
not a name, it is a religion : there are Cohenites, Levites,
and Israelites. A model of the shop was produced and
shown to the witness. It appeared that it was fifteen feet
long and nine wide. The counter which had originally stood
at the end of the shop had been removed by the plaiuuff, and
placed lengthways so as to be close to the fire-place, and it
appeared that the boxes which were represented to have con-
tained so much valuable property had been placed upon this
counter, and at • very short distance from the fire-plaoe.—
Cross-examination continued They only kept one Mal
book in which were the invoices of these goods, and to which
they were in the habit of referring to ascertain the price that
was to be asked the' customers. A small book, or rather a
pasteboard COI er, similar to a pocket book was then banded
to the witness, and he identified it as the one he referred to,