The Express.
London, England, 1850-03-01 00:00:00

Kato intelligence.

COURT OF QUEEN'S BENCH.—YESTERDAY.
SITIINtoI AT Sibt Polo--BEroßx Ye. ANTICS COLZJUDOS AND

A SPECIAL. JOLT.

SVALL AND OTERKS V. NAIIINE AND ANOTHEIL-POLICT
OP IssuILANCIL

This was a second trial of this ease---, a verdict having been
before found for the plaintiffs. It was an se :ion on a time policy
on a ship for one year, to recover 1,500/., the contribution of
tho defendants. The defendants pleaded among other things
that there was no damage beyond 6661. 13e. 4d., which was
paid into court, and that before the risk the ship bad en-
countered certain damage, which could have been repaired,
and was not. _

The plaintiffs were merchants in Lsnelsn, and the defend-
ants represented the Marine Iniurance C ,inpany. The policy
was to run for • year, cad was effected in November,
1843, but waa to begin on the 251 of Septem-
ber, 1843. The ship, which wu called the Swum,
sailed from Madras for the Mauritius in September, 1843,
before the eery— cement of the risk, but as the policy con-
of uftworthiness, it was admitted that

Mined a warranty , end.-
she was to be taken as seaworthy on ;As 25th of that month.
On her voyage she encountered severe weather, and put
into Trincomalee, at Ceylon. where she could have been re-
paired thoroughly, but having some cases of small-pox on
bard, the authorities refused to allow her to come into the
harbour until she had gone through quarantine. Consider-
ing the time of the year, and the weather which was to be
expected, the captain judged it not advisable to accept
that condition, and be returned to Madras where
the ship 'raved en the 27th of S-•;itenaber. At
Madras there was only an open roadstead, and no
means of effecting substantial repair, and the ship could not
lie there during the prevalence of the monsoon winds. Ac-
cordingly the captain landed his cargo and a number of
Coolies who had been shipped with him, and proceeded in
ballast ;or Coring', where she could have been repaired. On
her voyage thith,r she again encountered very heavy wea-
ther, was dissuaded and totally disabled, so much so as not
to be able to enter the port of Corings, and consequently she
made fur Muulipatam, where there was also an open road-
stead and no means of repair, end as it was alleged
that it was not possible for the ship in her then
state to make soy other port, the captain sold
her. It was contendei that this was a total loss. The de-
fendants contended that the logs was only partial, and the
question was whether she could have been repaired and was
not, and whether the loss was total or partial.
Mr. Justice Coleridge left it to the jury to say—firstly,
whether the damage to the ship was owing to the perils
against which she had been insured ; and, secondly, whether
there was a total less.

The jury returned a verdict for the delendants.
This was the last day of the present sitting.

COURT OF BANKRUPTCY.
TOM DAY.

Beroas Ka.

Foxiwcur.
DISCOVIIit Or CONCEALED PIOPZIM.

Elward Woisey, corn and coal factor, of Wareham, Nor-
folk, was brought up in custody. it will 11aa remembered be
was committed to the prison a few days ago, for re-
fusing to answer respecting the dispose' of a sum of 401. He
was examined ty Mr. L iwrence for the assignees, and
sold that eirco his commitment he had given informa-
tion to the messenger of that court where a sum of
5001., eontealed in his house at Wareham, might be found.
The money had been found by the messenger, and was now
in the hands of the assignees. He had no more money or
other property ifoneeele4 anywhere, and was quite certain
that no other party held anything belonging to him. His
statement at the last meeting respecting a payment of 1601.
to Mr. Pishow, of Lynn, a few hours before he signed the
declaration of insolvcoey, was true.
His Honour said that Pishow must give up that money,
or the assignees must proceed against him. He would warn
the bankrupt that if hereafter he should attempt any con-
cealment of the state of his affairs, hie conduct would be se-
verely visited. lie might now be discharged from custody,
and an allowance of 21 a week would be made him till
-the
last examination merlon.
The bankrupt, who evinced every mark of contrition for
his past conduct, *kneed his honour that he bad new nothing
to oonosal, sad obtained hie discharge.