The Express.
London, England, 1868-04-09 00:00:00

IMPORTANT INSURANCE CASE.

HOME CIRCUIT.—KINGSTON, APRIL 8.
Civil Court.—(Before the Lord Chief Justice and a Special
Jury.)
II'ANDREW r. OM:NI/LAS.
This great insurance case, which will be long N.
membered in the profession and iu the mercantile corn.
munity as one of the most remarkable that ever occurred,
and in some respects without • parallel, really
Cam, to • oonchratun to-day, with a verdict sub-
stantially in favour of the underwriters that ir,
'for • partial loss as against a total loss. It
was an action on a policy of insurance for S,OOO/, on as
iron steamer, the policy being one of several effected upon
the same vessel to the aggregate amount of 3u,o(sii., the
value as stated in the policies, and the whole of which was
claimed by the owner as on a " total loss " of tliv vessel,
which was denied by the insurers.
Sir G. Honyman, Mr. IVatkin Williams, and Mr. Cohen
were for the plaintiff ; Sir Baliol Brett (Solicitor-General),
specially retained, Mr. J. Brown, and Mr. J. C. Mathew
were for the defendants.

The Tossed, which was built in January, 1864, at a cost
of 33,000(., was insured in January, 1867, io seveial
policies—of which this was one—to the aggregate amount
of 36,0001., the value Ming stated in the policy at that
amount, though, in point of fact, it was only worth
'20,00i. It was sent on a voyage to Odessa mid on its
return with a cargo of grain a orth ti-I,OUOI. it met with
a storm in which it was thought necessary that the
crew should leave her (off the coast of Holland), not so
much on account of danger to the vessel as from want
of provisions and impoesiliility of getting into hai hour, the
furnaces being put out, and the ste. rage alp:ant:iv carried
away. The vessel, however, outrodc the storm and was
taken into harbour by fishing smacks, ad brought
borne to Hull by steamers, so little injured that the
valuable cargo it carried was not damaged materially,
anti the freight, which came to nearly 5,010., was
earned. Large claims, however, were made fur salvage
(which are in litigation in the Admiralty ('ourt),
and in the meantime the owner Laving heard of the ilis.
aster bad before the rescue of the vessel given to the
insure,. notMe of abandonment-- i.e., notice that he aban.
doned the vessel to them, and claimed to recover as for
a total loss. The owner claimed to recover on the
ground of this notice of abandonment, given its soon
as it was known that the vessel had been left by
the crew on the high seas, and at a time when all the
known circumstances were such as might make it appe.,r
imprudent in him to take to the ship ; and he also claimed
to recover as for a constructive total loss, on the ground
that (as be alleged) the vessel would not be worth repairing
—i. e., that the coat of repairs would be greater than the
value when repaired. The first ground of the claim rested
chiefly on the admitted facts that whca the notice of alma.
donreent was given the vessel was, in point of fact, abate
I doned by the crew, and reasonably abandoned, and OR
I the uncertainty of the charges for salvage and re.
pairs. The other ground of claim, on which the ti id
chiefly proceeded, rested on comparative estimabs of
repairs and of value ; the case for the plarntin an. this
point being that the repairs would cost 20,00 W (althoe;h
; detailed estimates for the defence made the eseenxia only
10,0001. ), and that the ship would then he worth only 1ri,601P.,
although made as good as it was a few months befnii,
when valued at :36,0001. The question was, wle•ther the
owner wax entitled to recover that sum, or only the real
and actual total loss sustained—i.r. ot " partial" or a • teal'
logs. Such was the substance of the vase. It wam awe"d
that if the jury should find for the partial low, the
amount should be referred to arbitration.
The Lord Chief Justice this morning summed op ti:e
case to the jury at great length.
The jury retired to consider their verdict. After her.;
absent for above two hours they returned into (unit wiii
findings which were substantially in favour of the defer
I daub the underwriter, and virtually amounted to a ver
diet for a partial lose, not a total loss. L'ponthe niain ques-
. ..

tion of a constructive total logs they found in Ow neg t t,'re -
that is, that there was not a constructive tot al loss. t pen the
specific q ucitiona submit tea to them they found as f ollow, -
To the question whether the expense of repairs and rte
would be substantially leas than the value of the vev.el richer
to the writer or in the market, either at the time of tic it.
surance or of the loss, they found in the affirmatis e that ,
that it would be worth repairing. As to thequestion whether
there would be any depreciation in the value of the vessel
from the causes mentioned, they were not able to agree but
they were all agreed that, whether there would he so or
not, it would make no practical difference for fife
purpose, as the value would nevertheless be greater
than the expense of repairs and salvage. To the
question whether, at the time of the notice of abandon.
went, a prudent owner, if uninsured, would have taken
to the vessel for the purpose of repairing her either in Hob
land. or England, they replied that a prudent owner under
much circumstances would have taken to her for repair in
England. Then as to the commercial question they found
as :-1. That the value of the vessel as she lay is
6,520 f. ; 2. That the cost of repairs would be 13,000/. ; 3.
That the amount of salvage would be—(a) on the ship.
1,530 f., (b) on the freight I,l:Al.—total 2,680/.,which aka
to the cost of repairs would make 15,680/. Then uto value
they found that the value of the ship to the owner would
be 21,1251., and in the market :10,0001. But then to each
of these values, they said, was to be added the amount o;
the freight, 4,6001., less the salvage on freight—,..,
:i,450/., which, added to the market velue, would make
52,430!., and added to the value to the owner would be
34.5751.
The Lord Chief Justice said that, on these fignsti,
deducting from the latter sum the cost of repairs and
salvage—i.e., 15,6801.—there would be a clear .:wpbs
over on the commercial principle, and therefore the mid-
toga
finding
amthounattedtherain effect to twhens satninicetivepartial
verdict
only a partial loss which (according to agreement letween
the parties) was referred to arbitration. Thus etelcil
remarkable case. al
t hleosgse.n ebru'it

A charge of assault was preferred by Lady Lonna
Morgan against her husband, Captain R. S. Morgan, at
the Fermoy petty *miens, on Monday. The case was of
a painful character, a variety of unpleasant slieclosure
relative to the domestic life of the parties, irrespectiNe of
the assault, being made in the course of the evidence.
The charge was dismissed.
" Captain " Mackay, who was convicted at the
Cork Assizes, and sentenced to 12 years' penal servitude,
was conveyed from Mountjoy prison last evening, sni
placed on beard the Ulster for transmission to England.
When going on board he exclaimed, " Good bye, old
Ireland'"
DIGHDEROC4 ASSAULT. —A fellow named David
Underwood is in custody at Fornham All Saint's, arc
Bury St. Edmund's, on a charge of attempting to murder
his wife. It appears that the 'clean quarrelled with tie
poor woman in ocesacquence of her refusal to sell or moo
gage life interest in the house in which they lived, and
e-inflicted upon her three terrible wo ends, one of which
divided the left ear and injured the back part of the head,
while another smashed her lower jaw on the left aide; ohs
third being under the jaw, but not affecting any vital ptrt
of the throat. He bad previously dug some large boles is
the garden attached to the house, and it is even hinted that
be intended to bury his victim in one of them. On Tueolfl
she poor woman was expected to recover, but she is in I
critical state. Strange to say she displays affection for
her worthless husband, and refuses at present to give
evidence against him. The case against the prisoner does
not depend, however, upon the evidence of the injured
IrOMID, but ruts upon admissions made by U derwood
himself, and also upon the °newsiness of other per
sons.
SUDDEN DZATIL —Last evening Mr. Bedford, the
Westminster coroner, held an inquest at St. Georges Hen,,
pital, relative to the death of Mr. William Tribble, 114e°
manager of an hotel at Kaulington. It appeared that about
noon on Saturday last the deceased was riding on boo`
back in Rotten-row, Hyde-park, when he was observed hi
two sentinels of the Coldstrearnetuarde, who were on autpt
the Magazine, to my to and fro on the meddle, sad ts
second or two to fall on hie hack cas the ground. The tong
walked quietly onwards, and was stopped by a bticklsri
who brought it bank to where the deseassd lay extended
the road. He obtained the assistance of a praetor SO
bailed the beess-patrol, who went for another conslailos
bat in the meantime they put the dammed Into a four
wheeled cab and conveyed him to the hospital. 05
arriving at the be was fend to be dead. iser
tee Butt, of the • RANT.. &Thies of palm, searched d'e
clothing of the deseeesd, sad feud upwards of 400/. se!
him in notes and eieseks, sad ineineleada which led t°
'lnv. Mr. Freud& Maher, hones surgeon, 01,'
lwoegkt is at about a quieter pot r