The Express.
London, England, 1866-08-18 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCITIT.---GUILDPOILD, AUGUST 17.
(Before Mr. Justioe Willes and a Special Jury.)
ACTION AGAINST AN INSURANCI COMPANY.
The case of Loseby v. Price hes been heard to-day. The
plaintiff formerly carried on business as • warehouseman
in Wood-street, Cheapside, and he sued the defendant,
who is the secretary to the Guardian Insurance Company,
to recover 2,0001. upon a policy of assurance effected with
that company.
The defendants pleaded that the plaintiff had made •
fraudulent claim upon the company, and had claimed for
a much larger quantity of property than was actually de-
stroyed in the fire.
Mr. Montagu Chambers, Q.C., Mr. Hawkins, Q.C., and
Mr. Telfourd Salter appeared for the plaintiff ; Serjeant
Ballantine and Mr. Phllbrick appeared for the company.
From the opening statement it appeared that the
plaintiff had carried on business at 124, Wood-street, for
three years as a warehouseman and fancy hosier, and he
had previously carried on the same business at No. 118 in
the same street, and that he had effected an assurance
with the defendants to the amount of 2,000/. The pre-
mises were mainly used as a warehouse. The warehouse,
in which no one slept, was left perfectly safe on the even-
ing of the 24th of February, and on the following morning
plaintiff on arriving found that a fire had taken place
during the night, and that the place was in the soon
of the firemen and the police. A great deal of property
had been burned. A claim was subsequent) y sent in for a
larger snm than the amount of the policy but the claim
was resisted, and after seine negotiation had taken place
between the legal representatives of the parties, the plain-
tiff was compelled to bring the present action to recover
the amount for which he had insured. The policy, it ap-
peared,was effected on the Gth of February, 1863.
The plaintiff, Mr. Amos Loseby, was examined at con-
siderable length, and in a rigorous cross-examination by
Serjeant Ballantine, he said that he passed by the name of
Jones, his assistant, at Islington, and that Jones's real
name was Bearer, but he called him Jones because it was
a better name for business purposes. (A laugh). He said
be was quite sure that no light of any kind was left
behind in his warehouse when he and Jones left on the
night previous to the fire. The business had not been
quite so good latterly, and he was unable to say what
amount of business he was doing per annum at
the time the fire happened. He did not make any
return to the income tax. He was aware that there was a
quantity of paper and shavings under the counter, but he
was not aware that an oil and spirit lamp was also kept
under the oounter. He could not say whether this lamp
was placed near the paper and shavings. The plaintiff wee
further cross-examined with reference to portions of the
property which he represented to have been destroyed, and
the prices he paid for them, and he admitted that there
were some discrepancies in the value of the goods and the
amount charged for them, and this was accounted for by
stating that the goods as " samples" were worth • much
larger sum than ordinary goods would be. In re-exami-
nation the plaintiff stated that the reason his trade had
fallen off was owing to the disturbances in America.
A great number of witnesses, among whom were several
manufacturers of goods of the description sold by the
plaintiff, were then examined with • view to confirm his
evidence as to the quantity of goods that were in the ware-
house at the time of the fire, and the price that was
charged for them. Some of these witnesses stated, in
cross-examination, that the price charged for some of the
goods was larger than the wholesale price, but not so
much as they would be sold for retail.
Mr. Chamber here suggested that the jury should go
and see the salvage, which was in a stable close to the
court, as this would enable them the better to form an
estimate of its value.
Serjeant Ballantine said he should ask his lordship to
make an order that two witnesses who were in attendance
should be allowed to see the goods. Hitherto they had
not been permitted to do so.
Mr. Justice Willes said that this opportunity certainly
ought to be afforded to the witnesses referred to.
Mr. Chambers said there would be no objection.
The case for the plaintiff was then closed, it being
arranged that the jury should have an opportunity of see-
' in g the salvage before the trial was concluded.
Serjeant Ballantine having addressed the jury for the

COMplEly,
Evidence was then adduced on their behalf, and the
ease was proceeding when the court adjourned.

THE RECENT BANK FAILURE AT BIRMINOHAN.
A meeting of the shareholders of the late Birmingham
Banking Company was held in the Town-hall at Birming-
ham yesterday, for the purpose of discussing and agreeing
as to the best mode of procedure in order that a full inves-
tigation might be made relative to thestoppap of the above
bank. The Mayor (Mr. Edwin Yates) presided. In com-
mencing the proceedingsf his worship said that be had had
an interview with two of the uld directors, who said they
concurred in the propriety of holding the meeting, and
that personally they were willing to render any assistance
in their power. Mr. Alderman Brinsley moved,
and Mr. T. H. Morgan seconded, a resolution
to the effect that a committee of shareholders
be appointed with the view to secure a completk
and searching inquiry into the causes which have led to
the failure of the bank ; also as to the solvency of the bank
when the general issue of new share, took place. This
resolution was carried, and a committee appointed. In
the course of the meeting the mayor read a letter he had
received from Mr. James Turner, of Avenue-road, Lea-
mington, who was for many years one of the directors of
the late company. That gentleman said, " l'retired from
the board of directors in 1860, in consequence of lost
health. I was then so satisfied of its solvency and power
of remuneration that I have continued at frequent inter-
vals to add to the number of my shares, so that I and my
children are heavy sufferers. The bank had before I re-
tired incurred an imprudent debt (through its active
director) with Mr. Blackwell, but measures were adopted
by lowering (dividends) to liquidate that mishap ; matters
recovered, and I was satisfied, believing in the integrity of
my late colleagues at the board."
GOVERNMENT INSURANCE AND A NNU rms.—

The following additional post-offices in England, Scotland,
and Ireland will be open on and after the 20th August for
the receipt of proposals for the insurance of lives or the
purchase of government annuities, under the act 27 and 28
Vic.. cap. 43 ; and for the receipt of the premiums, becodi-
ing due to the Postmaster-General, from time to time,
under contracts for the insurance of lives or the
purchase of government annuities, and for the pay-
ment of any sums which shall become payable by
the Postmaster-General under the said contracts :—Cols-
ford, Bath ; Castelree, Ireland ; Clonal, Ireland ; Car-
rick on Shannon, Ireland ; Enniskillen, Ireland ; Errol
(Perth), N.B. ; Forfar, N.B. ; Fortes N.B. These
offices will be open for such purposes during the hours
appointed for the transaction of money order busi
ness. A hand-bill containing the principal rules of the
Government Insurance and Annuity Office and of the Post•
office savings banks has been printed for gratuitous distri-
bution, and copies may be obtained at the above-named
offices. The measure will, from time to time, be extended
to other post-offices than those named above, and due
notice will be given of such extensions. If application be
made to any postmaster for the extension of the measure
to his office, he will at once report the aircuinstance to the
secretary.
CALCUTTA, CHINA., AND AUSTRALIAN MAILS.—
MAsssriuts, Avower 17.—The Tanjore arrived at five
a.m. The mails leave for London at 11.30 a.m. The
Tanjore has 86,0001. In specie for London.
[Advertisement.)—HomowAY's Onrrimrr AND
hut —These wonderful productions have now become so ap-
meclated in every part of the world, that they form a complete
household treasure • the ward cease of ulcer wounds, sad every
variety of skin diseases for which so many remedies have beim
tried without effect, readily succumb to their power; they act
so miraculously upon the system se to be considered a complete
phenomena in the healing art. For this reason they are advo-
cated by many modern practitioners after everything it.. has
proved unsucceestul. Those complaints especially whirl affect
the sedentary and studious give way, as mist before the riling
I Min, to the lama* of the pills. External wounds are as
•Fiedtly boded under the alatmoL