The Northern Daily Times.
Liverpool, Merseyside, England, 1856-12-15 00:00:00

GOSLING v.
RTANHCE COMPANY
NEW NATIONAL
E .

TO THE EDITOR OF THE NORTHERN TIMES.
Sir,—The leading article in your paper of to day,
referring to the romarks of the Courier on the above
case, induces me to hope that you will not think
unworthy of insertion a brief recapitulation of the
leading features of the case. For my own part, I
think that the attention of assurers, and intending
assurers, cannot be too urgently directed to it.
The case is one in which the payment of a life
policy of insurance is resisted by the company
issuing it, and the grounds of resistance, divested
of technicalities, are, " intemperate habits on the
part of the individual whose life it insured," and
" concealment of facts in the form of proposal
for insurance, which it was important the company
should know." Of the first plea, suffice to say
that, after an abortive attempt to substantiate it by
evidence, it was withdrawn by the company ; but let
any one whose lite is insured, and who may not
from childhood have been a strict teetotaller, pon
der well on the possible result of a searching inquiry
into his private habits with a view 0 the repudia-
tion of his policy, and then compare the probable
value of his policy with that of the assured in the
case now alluded to, who, according to the evidence
adduced, was never known to be drunk.
Ou their second plea the company were more
fortunate, and succeeded in inducing the jury 'to
confirm their repudiation of all responsibility under
the policy The plea, as before mentioned, is,
" Concealment of facts in the form of proposal,
which it was important the company should know"
—the fact concealed being that the life proposed
for insurance had been already declined by another
office. At the first glance this may seem a fair
ground for disputing the validity of the policy, but
a closer examination will, I think, lead to a far dif-
ferent conclusion.
It must be premised that the assured, although
a large and successful trader, could neither read nor

write.
The blank form of proposal was filled up by the
agent of the company, and, according to his state-
ment (now of course impossible to be denied), at
the dictation of the intending assurer, now deceas-
ed. This agent, on behalf of the company, his
principals, testifies that the important fact concealed
in the proposal was well known to him, ho being
also the agent to the company referred to as hav-
ing previously declined the life, when offered to
him through his agency ! Imagine this individual
receiving the premiums on a policy he knew to be
invalid, and prepared at the proper time to furnish
to his principals the evidence to enable them to
repudiate it. Remember, too, that his assertion as
to the suppression of a fact in a document written
by himself concerns a man who could
neither read nor write, and is, of course.
beyond contradiction, the man being dead, and I
think your readers will agree with me, that
sufficient cause exists to excite in the minds of all,
who by life assurance are endeavouring to forestall
the future, grave doubts as to the wisdom of their
proceeding. Whether we look to the two pleas
in the case I have narrated, or to the thousand
points existing in all companies' policies on which
a repudiation may be founded, the conclusion is
the same—no policy exists whose validity or utter
worthlessness may not depend on the whim or
interest of the company issuing it.
It is not the first time that the over-zeal of an
agent, in securing an assurance, has led to the
repudiation of the policy by the company—his
principals, and your just structures on a recent
case of this description, induce me to hope that
you will not think the present one unworthy of
notice.—l am, sir, your obedient servant,
A Lo OXE R-ON.
Liverpool, 13th December, 1856.

A NARROW ESCAPE IN A CHAPEL.—On Sunday even.
ing an accident, which might have been attended with fatal
consequences, occurred in Mount Zion chapel, Birmingham.
The Rev. Charles Vince, the minister, was approecbing the
conclusion of his sermon, a few minu'es after eight o'clock,
when suddenly a large quantity of plaster beading encircling
some scroll work in the centre of the ceiling, fell into
the body of the chapel. It was at first th ,ught that the
roof was giving way, and many of the females present
uttered piercing screams, but the gentlemen present cried out
there Was uo danger, and deai rc- the utplicuue to keep their
seats. The plaster which fell struck against the front part
of the pew in which sat Mr. David Neal (of the firm of
Neal and Tonks,butten manufacturers),with several members
of his family. Mr. Neal narrowly escaped losing his life,
for, bad the falling mass struck him on the head, it must
have fractured hie skull, as it weighed at least sixty pounds,
and de4cended from a height of between thirty and forty
feet. It grazed his nose, struck him lightly on the knees,
covered him and his son with dust, and smashed to pieces a
small wooden projection in front of him, used to deposit
books upon. The heavy border plaster kept its form until
it came into contact with the pew, and was then broken into
pieces, some of which weighed fire pounds. A great many
ladies fainted, and the excitement was so great that the
preacher deemed it right to dismiss his congregation as soon
as the benediction could be pronounced.
Careen LIVINGS FOR SALE.—The Ecclesiastical Gazette
contains a large number of benefices in connection with the
church of England for sale ; but it is a singular fait that,
although there are a large quantity of benefices ode, ed for
sale, and all of them are fully described, no name is men-
tioned in a single instance. The following are among the
number :—" A rectory and vicarage, five miles from the
market town of Sleaford, of which the present incumbent
is a gentleman aged 63, and who has lately expended a large
sum in making the vicarage house a most comfortable family
residence replete with every convenience ; the population of
the united benefice does not exceed 600 ; and the rectory,
which comprises less than onesthird of the population is
distant about four miles from the vicarage ; the net annual
income is £800." " A very de-irable living in the midland
counties, within about two milts of a railway, in a healthy
and delightful situation ; the populati. n is under 1,500 ;
the tithe commutation amounts to about £5OO net." " A
rectory situate in an agricultural district, income £7OO ;
population moderate." " An important living, situate wi• bin
32 miles of London, income £1,400 asyear, exclusive of
parsonage house and grounds, incumbent between 60 and 70
years of age." " A rectory, of the annual value of £4BO,
with good parsonage house, surrounded by a glebe of 21
acres of rich meadow land, in one of the most interesting
and beautiful districts of the county of Hereford ; society
good ; age of present incumbent 50, price moderate." " A
rectory, situate in a southern county, with excellent house
and grounds, with a net income from rent charge and glebe
of about £650 ; present incumbent's age, 76." " A living
within a short ride of London, with a superior parsonage
house on its own grounds ; net income, £BOO aayear ; the
present incumbent between 60 and 70 years of age." " A
most eligible living, in a beautiful part of the west of Eng•
land, with superior parsonage house, offices, and grounds
annual value upwards of £9OO ; present incumbent 80 years
of ar." These are specimens of some 60 or 70 livings
in the market at the present time, some of which seem to
promise early possession, as the incumbents have long since
passed the age ordinarily alloted to man.

" THE NEW SAFETY INKSTAND.—We could scarcely
believe that we had to contend with to many minor
grievances in writing until this admirable invention was
brought to our notice. It exempts your ink from mildew,
evaporation, dust, and oxidation, and at the same time
prevents the pen from becoming overcharged."—The
Irtsbech Advertiser.—Price is Bd, 2s 6d, 3s, and 3s 6d each.
—Advt.

AS MANTLES and JACKETS are so
very generally worn this Season,
J. MAC LENNAN, 36, CHURCH STREET,
(Orrosm PARKER-STREET),
Has made arra, gement' to have a Case of Paris MANTLES
and JACKETS, in Velvets, Reversible Cloths, and all the
other Fashionable Materials, delivered Every Week for the
next Two Months • therefore, those Ladles desirous of
having the Fashions' as soon as they make their appearance
in Paris, combined with moderation in prices, are respect-
fully solicited to inspect the Stock.
ingJUshSoTutß7EooCEisliVAENTLfErosm London Two Cases Contain-
4s. I id. commencingMANTLES,
arily Low Price of at the extraord'n-

SHAWL AND MANTLE WAREHOUSE,
OPPOSITE PARKER STREET.

ZIL A /si A C
RAD
Enl
OF
ID
NAVIGATION AND NAUTICAL ASTRONOMY,

_ .
ABLY ASSISTED, PRACTICALLY. BY
CAPTAIN A. MACNAUGHTAN,
ACADEMY,
and the
LIVERPOOL MASTER MARINERS' ASSOCIATION'S ROOMS
24, GREAT GEORGE-SQUARE, LIVERPOOL.
•„. Ingaire for full copy of prospectus at any of the Opticians,