Star.
London, England, 1824-07-22 00:00:00

LIFE INSURANCE POLICY.-MAYNA RDS V. ROHDE.

SCARLETT said this was an action brought to re-
cover the amount of two policies of insurance, which
the plaintiff had effected on the life of Colonel Lyon,
for two sums of 6901. and 7001. in May and July, 1823.
The policies were effected at the Pelican Insurance
Office. The health of Col. Lyon at the time was very
good. It had been so for several years. Colonel Lyon
was the father of Captain Lyon, well known to the Pub-
lic as the intrepid companion of Captain Parry, in en-
deavouring to discover a north-west passage. Captain
Lyon was expected in the river on his Tait return from
his arduous voyage, and his father was so very anxious
to see him, after such a long period of absence, that he
went down to Gravesend to welcome his arrival. The
joy of meeting his beloved son was too much for his
feelings, and he sunk under the shock which his nerves
received in consequence. Under these circumstances
the plaintiff called on the Insurance Office to pay the
amount effected on the policy. They refused, which
was the cause of bringing this action.
Mr. Beaumont, surgeon at Gravesend, attended Co-
lonel Lyon on the 26th of October last; found him
extremely ill with intermittent fever, which was com-
mon in the neighbourhood of Gravesend at that time ofl
the year ; he was in very great danger ; saw him every
day till he died, early on the 2d of November. When
he saw him first, there was no chance of his recovery, he
was so feeble ; he attributed the weakness to the disease,
and his death to repeated attacks of fever ; he found him
on the 26th October in the last stage of the disorder;
he signed the certificate of his death.
Dr. Ropy, of Islington, knew Colonel Lyon for two
years, since 1822; considered the state of his health gotivi;
saw him eighteen months before his death in very good
health ; went to Gravesend with Captain Cheyne to see
Colonel Lyon ; found him labouring under great debi-
lity, caused by excessive irritability of the nerves; he
expected the arrival of his son the same day in the
river, and seemed very anxious to have an interview
with him.

Mr. Samuel Ropy, brother of last witness—Knew
Colonel Lyon; considered his health to be good from
May, 18'21, till July, 1823 ; he called a number of
times at his shop in Islington.
Mrs. Spencer remembered Colonel Lyon coming to
her husband's house the latter end of August to receive
the money; he came on foot and appeared in good health.
The Avroanait-Gensaan said, he had a very short
and very plain answer to this action, why the annuity
should not be paid. There should be no concealment
in the affair of the policy. No establishments were of
more importance to the public than Life Insurance
Offices, in whose success they wet e deeply interested. It
was very extraordinary, that some of the witnesses had
not seen Colonel Lyon for a year. But did the Jury
suppose that Colonel Lyon had no servants, or members
of his family, who might have been brought forward to
speak to the state of his (the Colonel's) health? The
plaintiff thought proper to call medical persons, but he
would call forward other medical Gentlemen, who would
tell a very different story. The death of Colonel Lyon
was caused by disease, which was concealed at the time
of effecting the policy. It would be proved that he had
been affected with bad digestion, a great determination
of blood to the head, and an affection of the liver. He
had been subjected to a course of bleeding, leeches,
draughts, and pills, at the time of effecting the policy.
Now the language of the policy says, that if any misre-
presentation is made at the time of effecting the insu-
rance, the policy becomes null and void. The misre-
presentation was made in the present instance, and there-
fore the Insurance Company were justified in not paying
the policies.
Mr. SCARLETT replied. He recollected a story of a
patient who threw all the draughts he had received
into a vessel, and when the medical man remarked that
his medicines had done him good, and wished to a e
what they had brought off his stomach, the vessel of
medicines was shewn, and the medical man exclaimed,
""Good Coo, if that had been on your stomach it would
have killed you!" (A laugh). •" So I thought," replied
the patient, 14 and therefore I took none of it." He
contended that the certificates given by Colonel Lyon,
were perfectly consistent with the evidence given for
the defendants. The certificates stated that he was in
good health.
Mr. Guatiar.—One of the questions is, 14 Were you seriously ill?"
Mr. Suaattre.—Why to be sure, every illness ought to make a
man serious.
The LORD Cam Jurracs summed up the evidence. They
might find one of the policies good, and the other bad; they might
And both bad; they might And both good. If there was an=y con-.
cealment or misrepresentation, the policy was 'liar—The Jury at
once found for the defendant.

James Drudge, a watchman belonging to the parish
of Camberwell, stationed near the Half way House on the Green-
wich road, was dangerously wounded yesterday morning as he was
preparing, at five o'clock, to quit his beat and return home. The
injury was occasioned by a loaded pistol he was drawing from his
pocket, the lock of which becoming entangled with the folds of his
coat, occasioned it to explode, and several slugs with which it was
loaded, penetrated the fleshy part of the left thigh nearest to the
groin. The man immediately fell, and the report bringing persons
to his assistance, he was conveyed to the Half-way-House, and
surgical aid resorted to, when three of the slugs were extracted
by Mr. Durbidge, of the neighbourhood, who, after the necessary
applications, advised his removal .ti town : to this every attention
was paid by the parish-officers of Camberwell, who had the unfor-
tunate man conveyed to Guy's Hospital, where he lies in great
danger. A wife and two infants have to mourn the event.

SPORTING INTELLIGENCE.
oilEutirtntim RACao-•-WillownilAiro
ZUe Predbury Stokes of so soy. each, with $0 sov. added
Nod, fur all ages. The winner to run on the dire day ofike
Meeting, With es many of the beaten homes as may Weallifte
him, for 50 soy. each, be carrying 5 lbs. extra, provided ifiCY
challenge before eight o'clock on the evening of the race.
Mr. E. Yates's Guy Faux, 5 yrs old
Mr. Mytton's Whittington, 4 yrs old
The Gloucester Stakes of 95 sov. each. Two mile hest.
Mr. Read's b. e.. Langwaist, 9 yrs old
Mr, Carroll's g. h. Rowston, 5 yrs old
Mr. Mytton's Whittington, 4 yrs old
Mr. Handford's Bertram, 4 yrs old
Eleven started.—A capital race.
- -

1
s

. 1
. 2
. 5
4

. -
A Sweepstakes of S soy. each, wit► 30 gs. added from the Fund.
The winner to be sold for 250 gs. if demanded.
Mr. Lamb's b. g. Tripoli, 4 yrs old - 1
Colonel Yates's b. f. Lizzie Lundi, S yrs old • 2
Mt. J. Sadler's ch. f. S yes old • 3
Amongst the numerous company assembled were his Royal High-
ness the Duke of Gloucester, the Duke and Duchess de Gulch., &c.