The Sun.
London, England, 1835-12-04 00:00:00

COMMON PLEAS.-THURSDAY.

LAURENCE AND ANOTHER V. WEST.
This was an action brought by the plaintiffs as assignees
id a bankrupt to recover the amount of an execution
which the defendant put into the bankrupt's house after
le had committed an act of bankruptcy.
A verdict for ls. was recorded for the plaintiff.
NICIIOLS V. BOUCHEII.
_

This was an aetion brought by the plaintiff against the
defendant, as publisher of the Albion newspaper, for a libel.
The libel in question was contained in a police report
from Bow-street. In July, 1834 the plaintiff and another
attended at Bow-street as bail for a friend. On the same
day there was a person held to bail for keeping a gambling-
louse. One of the bail who presented themselves for the
gambling-house party was rejected on account of his po-
verty, and the utter destitution of his family. The repor-
ter, anxious to obtain the names of the parties, inquired of
the officer, who gave him the name of the plaintiff, as of
%he person who had been rejected as the bad and insufficient
%ail, and which he stated in the report, which also appeared
tin the Morning Post, Morning Chronicle, True Sun and
4lbion. The plaintiff immediately commenced actions
against all the papers. The actions against the three for-
Tiler papers were settled, and the present action was the

Mr. ADOLPHUS addressed the Jury for the defendant.
Verdict for the plaintiff.—Damages, 51.
LAWES V. M‘DONNELL.

This was an action for assault. It was undefended.
The plaintiff and defendant met at the Castle Hotel,
Moorfields, where they quarrelled, and while the former was
getting into his chaise, the latter caught hold of his coat and
tore it up the middle.—Damages, .5/.

EXCHEQUER COURT.-THURSDAY.

INSURANCE POLICY.—WAINWRIGIIT V. ELAND.
(C'oncluded from The Sun of yoste7day.)
The ATTORNEY-GENERAL, for the defendant, begged to
relieve the Jury from the apprehension excited in their
r ands by his Learned Friend in his opening, that it was his
intention to impute to the plaintiff or parties connected
with him the murder of Miss Abercrombie. He gave t'ep
that point. The defence upon which he meant to rely
as, that the policy upon which the action was brought was
ot the policy of Miss Abercrombie, but the policy of the
plaintiff, Mr. Wainwright. That gentleman, it was true,
might have no interest in that policy; but others depended
upon the fate of this action, to the amount of 11,000/., in
which he was interested. He did not assert that the de-
ceased participated in any intention to defraud the In-
isurance Company ; but he asserted that this policy was
effected by Mr. Wainwright in the name of Miss Helen
Abercrombie—that it was done at his instigation, with his
money, and for his purposes. If he should prove this, the
.Tury must give him a verdict ; for the 14th Geo. 111., cap.
r.kB, sections 1 and 2, made all policies null and void in which
the names of the persons really interested in effecting insur-
unces on the lives of others, or " for whose use, benefit, or
On whose account," such policies were made were not in-
virted.; As this policy had been effected for the plaintiff, it
t lust be invalid, for he had no interest in the life of the young
lady. Policies, amounting in the whole to 11,0001., had
Leen effected at various offices, for two years, by Miss Aber-
crombie, on her life. About the time that this policy was
completed she had no property whatever, and was dependant
on an annual pension of 1001., allowed her by Government.
She had not the money wherewith to pay the premiums,
and having no prospect of coming into a fortune, no motive
could be assigned for insuring her life. She was young and
blooming, and there was no reason to apprehend her pre-
mature death: She was a mere instrument in the hands
of the plaintiff. Soon after completing these policies, she
assigned two of them to Wainwright, and though in bloom-
ing health when those policies were effected, yet not more
than a month elapsed before she was the inmate of an early
tomb. The plaintiff was greatly embarrassed in his circum-
tances at the time that he effected this insurance, and was
also keeping up the premiums upon other policies to the
amount of 11,000/. Now, he would put it to the Jury to
determine the motive of such conduct in a man so circum-
stanced. The policy was effected by the most fraudulent
misrepresentations and suppression of facts.
The following witnesses were examined for the defence :
Richard Marshall, a clerk in the Ordnance Office, pro-
duced a letter, written by Miss Abercrombie, bearing date
August, 1830, wherein she said that she had attained the
age of twenty-one, and was without any means of subsistence,
and requested that the annual pension of 101. might not be
withdrawn. He alsd produced an affidavit made by Miss
Abercrombie, in which she swore to her destitute condition.
The pension had been originally granted in 1812.
Nicholas Grant, attorney to the Palladium Insurance
Office, stated that the plaintiff, on the 23d of March, ap-
plied to insure the life of the deceased young lady. The
insurance was completed, on the 30th of April in the same
year, for 3,0001., for three years. The premium paid was
9/., and the amount of the stamp was 4/. On requesting
to know the object of the insurance, Mr. Wainwright an-
swered, that it was made to procure them the means of
enabling them to get possession of property which would
fall in within three years. Miss Abercrombie was present
on this occasion. On inquiry being made of her as to the
reason she had for insuring her life, she answered, that she
Lad been told it was proper to do so.
Monkhouse Tate, Secretary to the Pelican Office, proved
that on the Bth of October, Miss Abercrombie completed
am assurance on her life for five thousand pounds for two
years.

Buckstead, a Clerk in the Eagle Company, proved
that in October, 1830, Miss Abercrombie desired to insure
pier life for two thousand pounds for two years, but her
proposal was declined.
Andrew Hamilton, Secretary to the Alliance Company,
said that on October 5, 1830, Miss Abercrombie and the
plaintiff's wife came to that office. The young lady stated
that a suit ;was pending in Chancery, which was likely to
terminate soon in her favour, but were she to die in the
mean time, the property would descend to another family,
against which she was anxious to provide through a life in-
surance. Witness replied that a young lady had called at
that office two years since, under similar circumstances ;
and it was the opinion of the Company that she had come
to her death unfairly. He declined effecting the policy.
John Charles Denham, Secretary to the Globe Insurance
Company, deposed, that Miss Abercrombie wished to in-
sure her life for five thousand pounds, for two years, and on
a subsequent occasion, when asked whether she had effected
no other insurances, she replied in the negative. Witness
knowing this to be untrue, would not complete the policy.
Robert Rikards stated, that on the 27th of October,
Miss Abercrombie completed an insurance on her life for
two thousand pounds for two years, in the Hope Office.
James Boyd, an attorney, stated, that on the 13th of
December, 1830, Miss Abercrombie and Mrs. Wainwright
'called on him. Mrs. Wainwright produced an assignment
from the Insurance Office, which she requested witness to
SR up. He did so, and Mrs. :Wainwright dictated, Miss
.Abercrombie only signing her name.
Barber Beaumont, Esq., managing Director, proved that
5n October, 1830, Miss Abercrombie effected a policy on
ler own life for two thousand pounds, for two years. She
was a remarkably healthy, cheerful, and handsome-looking
young woman.
Mr. Lyss, an attorney of Took's Court, Chancery-lane,
tleposed that, on the 13th of December, 1830, Miss Aber-
crombie desired him to make her will. She was unaccom-
panied when she came. She executed the still in his
presence.

- Several tradesmen proved that the plaintiff was indebted
to them for necessaries, but had never paid them.
Lord ABINGER, in summing up, said that though there
were circumstances of strong suspicion in the case, he was
mot warranted in presuming that Miss Abercrombie had
teen unfairly made away with. But, whether such were
the fact or not, that would not affect their decision, for the
3aw of this country would not admit of any person having

an interest in the death of another. His Lordship ad-
verted to the well known decision upon the case of a con-
tract to pay one guinea for every day that Napoleon Bona-
parte survived the day of the agreement, upon the receipt
in hand of 100 guineas. His Lordship directed the atten-
tion of the jury to the extraordinary fact of the young lady
having effected the insurances for only two years, and re-
minded them that not a tittle of proof had been adduced to
substantiate the reasons she had given to the various offices
for so doing. By the assignments and wills made by Miss
Abercromby, Mrs. Wainwright was placed in a situation
in which the law would not allow any person to stand—
namely, that of having an interest in procuring the death of
a fellow creature by lawful means. If the Jury thought Miss
Abercrombie had been guilty of wilful concealment, or of an
evasion of the statute—that was, making an insurance in
her own name for the benefit of another party—they would
find for the defendant.
The Jury returned a verdict for the defendant.

Lord ABINGER—On what grounds, Gentlemen, do you
find your verdict? Foreman—We find on both grounds,
believing that there was concealment by Miss Abercrombie
and an evasion of the statute,—Miss Abercromby having no
real interest in the insurance. 1

PREROGATIVE COURT.