The Sun.
London, England, 1867-06-05 00:00:00

THE SUN, LONDON, WEI)NESDAY EVEN

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LAW INTELLIGENCE.—This Day.

COURT OF EXCHEQUER.
(Sittings in Banco, before the Lord Chief Baron
and Barons Martin, Bramwell, and Channell).

REDWAY V. SWEETING.

In this case, which was .a demurrer against the
declaration of the plaintiff, Mr.
Joseph Browne,
Q.C., said that he appeared for the plaintiff, who
demurred to the pleas of the defendant. It was an
action to recover an amount of mutual insurance,
which was due to him by the defendant, through
the loss of a ship belonging to him, and which had
been insured in the association to which defendant
belonged. The defendant had made eight objec-
tions in the demurrer to the declaration ; one was
that the plaintiff ought to recover from the manager
of the association.

Baron Bramwell—But I thought, Mr. Browne,
that in the case when the plaintiff demurs to the
pleas, and the defendant to the declaration, that
the defendant ought to open the case. There is an
unanswerable argument adduced by my brother
Martin to the effect that if the defendant succeed
in his demurrer there is no occasion to go further.

Mr. Browne—The practice of the Court of
Queen's Bench in cross-demurrers—

Baron Brain well—Cross-demurrers are all rub-
bish. It has always been the custom of this Court
to hear the defendant first.
The Lord Chief Baron said that he had consulted
the officers of the court, and he found that it had
been the custom of the Court to hear the defendant
first for the last 15 years.
Mr. Mellish, Q.C., then stated that the defendant'
in this case was a member of an association formed
for the purpose of insuring on a principle of
mutuality ships against loss at sea. If, at
the end of a certain period there were any proceeds
from these transactions, they were to be given by
the manager to the members of the association ;
but in the case of loss the manager could draw upon
the members to the amount of 1.1,500 or less, and
if they did not honour these drafts he could sue
them. In this case the plaintiff had insured his
ship (which sailed from Newport on 20th February,
1865, and which was lost) in the association to
which the defendant belonged, for £5OO, and he
now sued for that amount.
The Lord Chief Baron—Has he not sued the
other members ?

Mr. Mellish—l believe he has, for there are 80
actions altogether. (Laughter.) Now, what we
contend is, that, according to the rules of the associa-
tion, the plaintiff ought to have sued the manager,
who had the power to recoup himself by suing
the members of the association. The learned eoun-
sel then reviewed the whole rules of the association,
which he contended plainly gave all the powers to
draw upon members, &c., to the manager, and
thusthemteomokbearls.
l the responsibility of being sued from

Baron Bramwell thought these clubs were con.
fined to the north.

Mr. Brown—My client has been concerned in
four in the west of England.

Mr. Mellish said that, in addition to the managers'
functions, credit was given, and annual
instalments were to be paid, and if this was
not enough a bill for two months was to be
drawn by the manager, and the bills
would not be drawn to the amount of the loss
of the plaintiff, but according to the aggregate
amount of the losses of the association. In fact, the
month's bills were so much credit; therefore it was
most monstrous, as soon as the loss occurred, to
come at once upon one individual member of the
association.

Mr. Browne having argued that his client was
not bound to recognise any other party to this
mutual insurance except the defendant,
The Court gave its judgment in favour of the
defendant's demurrer.