Star.
London, England, 1822-01-18 00:00:00

LAW INTELLIGENCE,

COURT OF CHANCERY, JANUARY ts.
'NORWICH UNION FIRE INSURANCE SOCIETY.
DAMS AND OTHERS V. tIit'AND'OTHRRIL
This was a motion for an injunction to restrain the, I
Directors, Treasurers, Ice. of the Society from making '
certain alterations in its constitution' the principal
one being the establishment of a fund of £550,000,
to effect which, new policies and a new deed or char-
ter had become necessary.
Mr. SHADWILL, for the plaintiffs (who were four
persons holding policies with the Society) stated that
by its original constitution all the members entered
into a mutual covenant to indemnify each other
against loss by fire, and that they also mutually
covenanted not to do any act, or engage in any con-
cern by which that Society could be prejudiced.—
Now, he contended, that the defendants were at pre-
sent engaged in establishing another concern, and al-
though a great many members of the old Society
might think the defendants wete doing what would
'be beneficial to them, the plaintiffs were of a dif-
ferent opinion, and preferred the Society in its origi-
nal state, and he contended that without the concur-
rence of the plaintiffs, the new scheme should not be
suffered to go forward.
Mr. GLYN followed on the same side.
The LoRD CHANCELLOR intimated a doubt whe-
ther the plaintiffs could succeed in this application,
upon which
Mr. HART, for the defendants, said, after what had
fallen from his Lordship,- he knew not that it would
be needful for him to occupy the ti me of the Court,-bat
The LORD CHANCELLOR said, I shall certainly,-
Mr. Hart, hear the defendants' Counsel The plaik
tiffs could have had no pretence for coming into a
Court of Equity if they had not put an allegation
of fraud in the proceedings, and as fraud has been
alleged against the defendants, I shall not shut up the
case without allowiog the facts on their part to be
st iced.
Mr. HART then stated the course which had been
pursued by the defendants (who were Gentlemen of
great respectability and fortune), shewing that con-
siderable pains had been taken to explain the new
system, by means of the numerous agents of the So-
ciety and otherwise; and from many affidavits which•
had been put in, it appeared that the members of the
Society very generally approved of the alterations,
and bad readily effected their insurances under them.
Mr. WETHERELL followed on the same side, and
observed, that the Society, in its improved state, was
just a, much a new Society, as wine pouted out of
one bottle intr another was a new bottle of wine.—
This Society was emptying itself out of an old and
infirm constitution into a new andimproved one.
The LORD CHA NC ELLOR. BUL what Mr. Shadwell
says is, that his ciients are content with their bottle
of wine, and think it vety good, and that )ou are
-spoiling it.
Mt. WETHERELL.—I know he says so, thy Lord,
but we shall see by and bye whether your Lordship
is of that opinion.
Mr. BICICERSTETH (who was also for the defend-
ants) stated a variety of facts from affidavits, for the
purpose of proving that no fraud or delusion what-
ever had been attempted by the defendants.
The Logo CHANCELLOR entered very fully into the
history of Insurance Companies, and of their various
disabilities, and of the applications they had made,
from time to time, to the Government and to Parlia-
ment, for protection and assistance. He remarked
on the defects of the old constitution of this Society,
and said that the plaintiffs could have no right to the
summary interference they were now seeking to ob-
tain. He also observed, that the plaintiffs must have
'various difficulties to encounter in bringing the af-
fairs of the Society before the Court. He expressed
his doubt whether it was a case in which the Court
would interfere, even if the cause was to be finally
heard upon its merits, and concluded by remarking
that, although he did not pretend to be deeply versed
in Insurance business, of this he had no doubt, that the
addition of a capital of £550,000 must be a prodigious
improvement of the concern.
Motion for Injunction dismissed, with Costs.