The Sun.
London, England, 1832-12-20 00:00:00

KING'S BENCH.-(THIS DAYM:

IMPORTANT TO THE MERCANTILE INTEREST
CAMPBELL r. RICKARDS AND OTHERS.
Mr. POLLOCK, Mr. Sergeant JONES, and Mr. FOL.
LETT, appeared for the plaintiff, and Sir JAMES SCAR.
LETT and Mr. MAULE for the defendants. The case, which
involved a very important question, occupied the whole morn.
ing, but the following is the substance of it :
In the year 1827, the plaintiff, who was a merchant at Sydney,
New South Wales, consigned a quantity of goods to London,
by the ship Cumberland, to the care of a Mr. Emmett, who
went passenger by her, and in the event of any accident to
that gentleman, to the care of the defendants, who were
merchants in Leadenhall-street. The plaintiff wrote by another
ship the Australia to his friend Mr. Harris, a solicitor, requesting
him to hand that letter to the defendant, but not until after
thirty days from its receipt were expired, in order that the de-
fendants might insure the cargo for 4,000/. and the freight for
7001. As the Cumberland did not arrive within the thirty
days, Mr. Harris, at the expiration of thirty-five days,
handed the letter to the defendants, who, on the following
day effected the insurance at the ordinary amount of risk.
The Cumberland, and her crew and passengers (Mr. Emmett
and his two children) had never since been heard of, and at
the expiration of twelve months the defendants applied
on behalf of the plaintiff, his principal, to the under'
writers for the amount of the policies, when they re-
fused to pay, alleging that the defendants had with-
held from them when the insurance was effected, what ap-
peared to them material,;viz.thatthe insurance was not made
until 30 days after the arrival of the letter of instruction, and
declaring that the risk, in consequence, was greater than it had
been represented to them. The defendants brought an
action in this Court against the underwriters, but failed,
because the Jury were of opinion that the information
which had been withheld was material and ought to have
been communicated. The defendants applied for a new
trial, and the Judges decided that the information
was material and the verdict correct. The plaintiff then
brought the present action, to recover the 4,7001. from the de-
fendants, on the ground that, through ignorance and negli-
gence, they, the defendants, had not effected a proper in-
surance.
" "

A great deal of evidence was brought to show that the delay
of :30 days should have been stated to the underwriters, for it
made a material difference in the premium of insurance, inas-
much as it showed that, for 30 days after the arrival of the
letter, the plaintiff undertook the risk himself, and that the in.-
suring it after that time raised a presumption that the ship was
out of time.
Sir JAMES SCARLETT made a most powerful defence.
He contended that there was no case of gross negligence or
ignorance. That for a mere mistake the defendants could not
be liable, and that it was clear they had acted bona fide and
with the best intentions.
The LORD CHIEF JUSTICE, in summing up, said,
that no imputation whatever rested on the characters of the
defendants, for they had no doubt done what they conceived
was for the best. The chief question for the Jury was,
whether the custom of the trade was so notorious in making
the communication adverted to, as to charge the defendants
with gross ignorance in not knowing it and acting upon it.
The Jury found a verdict for the plaintiffs—damages 4,700/.,
minus 5601., being the extra risk, at the rate of 12 per cent.,
which the plaintiff would have had to pay if the cargo had been
properly insured.

MIDDLESEX ELECTION.-(THIS DAY.)

The great and desperate struggle for the repre-
vocation of this important county, to the issue of which
the attention of the whole kingdom has, from a variety
of causes which it is unnecessary to enumerate, become
lrawn, commenced this morning. The polling is carried
m in eight districts, and as the number of votes registered
in each district is known to a certainty, we purpose giving,
besides the latest ascertained aggregate, a return of the
number polled from hour to hour iu each district, con-
.idering that we shall thereby supply data, by which our
readers will be enabled to form a probable conjecture as to
what will be the issue of the contest. These returns, up
to the final close of the day's poll, will be given.