The Sun.
London, England, 1817-03-07 00:00:00

HOUSIJ, CoMMONS.

The SPEAKKR took the btair at four o'clock,
when there beivsg only 29 Alvinbers present, the
House adjourned to this day.

LA W INTELLIGENCB.

COURT OF KINCi'S UENCIti 6up.OliALL, himictir

EVANS U. LV.II.

This wgs'an, action of ossumpgit upon a policy
of insnrance, underwritten by the .ctefentlaitt, nu
the ship Maria, at .antl „front Newcastle .to 'Var.
'1 he defendant pleaded scver,tl defences
to the.nction—enseaworthittess, prerloadiag,.exc.
but the -principtil one retied upon .wat 'alleged con-
cealment of knowledgv by the plaintiff, respect.
lug the state of the ship at the time tlie order for
effectin;4 tiic insurance watt gieen.

The circumstances of the case were to this cf.
feet ;—The plaintiff was a merchant and ship.
.ow tier residing at Yarmouth. On the 28th of
August last, the Maria, his property, •was ready
for tailing from Neweaetle'to Yarmouth with a
cargo of coals, svnich ittfocmat ion had becn COM-
lttnnirmted to him by the 'Captain by Saturday the
31,it of that month on the. everting of which day
the plaintiff wrote to his broker in London, ae-
quilintit,g bum 'hat the Maria
.would Sail on the
'4Bth or 29th of August, and desiring; him to
facet insurances to the amount of 10001.
letter was not put into the post •office until. Sunday
morning, the Ist ot Sinember, between ten
and eleven o'clock, the post usually leaving
Yarmouth precisely at half•past one o'clock.--
iii of the Saturday night, the ship had
encountered a gate, end nil the morning of the
Sunday, she became a total wreck ow Hapsburg'',
end every boo! oninrarff perished. A Gentleman
named Silk., the: Lorry of tire' Manor of naps-
burgh, up-oe hearing; of the wreck, sent off it spe-
clal:messen,4er to Yarmouth with a letter address.
ell to the " owner or owners of the Maria," corn.
tannicating the lots.. Acemdiug to the statement
of this messenger, he reached the plaintiff's
luens'e at 'Yarmouth, and delietred, thelioterinto
his hands preeitely at a quarter path tole o'clock.
The sole question in the cause wits HS In the time
at which the communication of the ,loss had
reached the plaintiff t for if he wits possessed so
early of the knowledge as it quarter past one on
the Sunday, Lord Kllenhorough watt of opittion„
that doring• the, remainder of time• from thence
till halt-past one, when; the post left Yarmouth,
he wag bound to use due diligence in counter-
mandiog the order for effecting the lusurance, and
inform the broker of the loss having happened,
Jnr order to negative the atement of the twin
stamen Cato, who brought the news, several wit-
nesses were called, amongst whom were Miss ()a-
born, then on a visit to the plaintiff; Charlotte
13ory, the. servant ; Philip Pooley, the ranter-in-
law of Cato.; mid ‘Villitiur Reid, a piblicAti
\-,11.1orol:11; fiom I.vliose ttbtintolly it. appeared
!hit the nowsof the h
lo,s could not possibly reac
the pkintitr hunter; quarter iist two, at %%loci,
time the post h,,d gone,
• The Att'll,rue.)-Gerteral, Mr, Marryat, ;old Alr.
appeayea lot the detendaut ; arid Mr. Qui -
try, ,11r. ifeirueaall, east Mr,. Long, lor the
plaiittOf
• ,

LotivEd.wetzeottouott sitmmetl up the cnst (or
file Jury, tvh,, f.mitti their verdict fur the plttiotiff
—Damages 2001.