Star.
London, England, 1801-05-27 00:00:00

LAW INTELLIGSNCE.

COURT OP KING'S BENCH, MAY 23.

HASLAtS V. THE WFIMINSTER INSURANCE
COMPANY.
Mr. Gm's opened the pleadings, from which
it appeared, that this was an aftion on a Policy of
Infurance entered into on the z t ft of March, 1799,
for 3601. on the life of John Roblon, warranted to
be in good health, and not to be more than 23
years of age. He died on the 13th of December,
1799. and the principal queftion for the decilion
of the Jury was, Whether at the time the Policy
was entered ieto, the life of this young man was
an incurable life ?
Fr9,m-an admirable fpeech of Mr. East:ties,
whim we fhould be extremely happy to have an
opportunity of detailing, it appeared that the
Plaintiff was an eminent brewer, and brought this
aaion againft the Company to recover 3601. on a
Policy of Influence, which they had executed on
the life of John Robfon. There was no inftitution
of greater value to fociety than the inftitutions of
that nature to which the Defendants belonged.—
He confelied that for one he had often lamented
that fomehow or other it was not even made a
fubjeft of National Policy—that fomehow or other
it fhould not be contrived by the hate itfelf, in the
diftributions of thofe burdens that mull fall on
every people that were members of fuch a fociety
as that of Great Britain—fomehow or other to con-
trive to make annuities for life part of the public
debt of the country itfelf. For he believed he
might fay with great truth, that there were per-
lons who could, with the greateft fortitude, look
death in the face with all its terrors, who were not
able to bear the painful recolleaion of what mull
happen to others who were dear to them aftertheir
death. The Counfel admitted that the Company
had, on all occalions, condufted themfelves accor-
ding to the principles of iuftice, and even with li-
berality, but thought that they had deviated a
little from that line of conduft in the prefent in-
fiance, always fuppofing his inftruatons to be true.
John Robfon, who had been a clerk in the office
of Mats. Rofs And Ogilvie, eminent army agents,
wiffied to raife a fum of money, and for that pur-
pofe applied to a Mr. Howard, who applied to the
Plaintiff, who confented to purchafe an annuity of
601 per annum, at the rate of 3601. provided that
the Company would infure Robfon's life. And in
conference of die Company agreeing to fubfcribe
a policy, the money was advanced. The Coun-
fel with great clearnefs And perfpicuity laid before
the Jury the principles upon which aaions of this
nature had been fuppotted in Courts of Juftice.—
And thefe were taken from the decifions of the
great Lord Mansfield, is they are colleaed by Mr.
Park, in his Infurance Law.
Mr. Howard, the Agent of the Plaintiff, was
firft examined. He Paid Mr. Robfon was a per-
feet (ranger to him. He had never feen him be-
fore. The objeft of his application to him was to
mite the fum of 3601. by way of annuity. He ap-
plied to the Plaintiff, who agreed to advance the
money; but it was a part of that agreement, that
the life of Mr. Robfon lhould be inured. ,When
Mr. Robfon went to the office to have his life in.
lured, and when Mr. Skelton, the Secretary, re-
queited hint to refer him to fome medical gentle-
men, of whom he might make inquiries concern-
ing his life, Robfon laid he never was attended by
medical gentlemen. His hate of health never re-
quired it.
Mr. Lang, a clerk in the office of Rofs and
Ogilvie, was next examined. He (aid Mr. Rob-
fon teemed to be very well previous to the sth or
6th of February, t 799, when he had a (pitting of
blood, and on that circumftance occurring it was
neceffary to abfent himfelf from the office. He
called on him repeatedly, and he teemed to be per-
feftly reftortd to health. In about a month after,
the (pitting of blood took place again.
A Mr. Caldwell raid, he was acquainted with
Mr. Robfon, and called on him at his lodgings atl
the beginning of February 1799, when he found
him recovering from an hemorrhage. He found
him perfealy well again about the sad of February.
The next witnefs was Mrs. Robfon, the widow

of the deceafed, but who is now Mrs. Williams.
She (poke to the Rate of his health at different pe-
riods of the year 1799 till he died. But till the
month of April in that year fhe lived at her father's
at Edgware, and had only an opportunity of
feting him once a week, and fometimes only once
a fortnight. He was very ill in May, and was
attended by Dr. Carmichael Smith and Mr. De-
bruin. It was a =turn of the hemorrhage. In
September ffie accompanied him to Berwick upon
Tweed ; and, having gone out one day a (hooting
he got wet through, fat tome time in his wet
eloaths, and in a day or two became very ill, and
in about two months died of a confumption.
Dr. Carmichael Smith wai next examined, who
defcribed with great cicatrices and perfpicuity the
fate of health of this young man when he attended
him in February, and likewife in May, of a he-
morrhage from the lungs.
t After the Doltor had given his evidence, he
was aced, if the que(lion had been put to him
whether Mr. Robfon was in health on the sill of
March 1799 what anfwer he would have given ?
lie (aid he fhould have anfwered "Yes," but he
Mould have added the circumßance of kis having
had that hemorrhage. He thould have thought
it his duty to have Rated to the Office what he
I.new of him, and the great rids he ran of having
the fame complaint again.
Mr. Jolliet La BLANc here ailed. whether it
did not appear from Dr. Smith's evidence that
the rifk was increafed, and that, of courfe, if there
had been a difclofure of all the circumftances, the
premium alto would have been increafed ?
Mr. ATTORNIVZINIR AL was next heard on the
of the Company, and in the courfe of his
he declared, he meant to throw no blame
whatever on the Plaintiff, but on his Agent, Mr.
Howard, for whofe acs his principal was civilly
refponfibk. He fhould prove that when Mr. Rob-
fon cameol the office accompanied by Howard,
weibur Skelton be could not refer him
atlstzt
Gentleman, bootee he never was
ad by any—that be never required any medical

affiaance. He faid he Mould prove that be was
under a Medical Gentleman at that moment.
Howard admitted that Robfon made that decla-
ration at the office; and he fhonld alfo prove, that
though Howard had declared on his oath that day
that Robfon was a total ftranger to him, yet he
told Mr. Skelton that he had known Mr. Robfon
for fome time to have been in a good (late of health.
When the Attorney-General had finifhed his
Addrefs to the Jury, and was about to call his
witneffes, the Learned Judge afked the Jury if
they had any doubt on the evidence of Dr. Car-
michael Smith? If they entertained no doubt, he
would not give them the trouble of hearing the
evidence on the part of the Defendant.
The Jury willed to hear the evidence, in confe-1
quence of which the cafe proceeded.
Mr. Skelton was firft examined. He recolleded
perfettly well Mr. Robfon and Mr. Howard coming
to the office, in March 1799, on the fubjed of
Robfon's infurance. He atkcd Robfon as ufual,
" Who is your medical attendant ?" Mr. Robfon
anfwered, " I have no medical attendant, having
always enjoyed good health." Mr. Howard at the
fame time obferved, without any queftion being
put to him, that Mr. Robfon was always in good
health—that he had no medical affittance, and
that he had known him for fome time to have
been in good health.
This evidence was confirmed by Richard Barnes,
who alfo belongs to the office, and was prefent at
the time.

Mr. Debruin Paid, he was a Surgeon and Apo-
thecary, living in North Audley-ftreet, had attend-
ed Mr. Robfon in 1797 for a difcharge of blood
from the lungs; and attended him again in Fe-
bruary 1799 for the fame complaint, which was
then more ferious. He had medicines for about
a month from the 6th bf February 1799, but he con-
tinued feeing him till about the beginning of May.
Mr. Pennington was next examined, who had
been a Surgeon, he Paid, for fourteen years. He
had attended Robfon for a profufe hemorrhage
on the 23d of May 1799.
Dr. Latham and Dr. MK;llyen were alto era-
mined ; and all thefe Medical Gentlemen agreed
in declaring that they, as hone} men, could not
have certified to the Infurance Company that John
Robfon, on the 21ft of March 1799, was in good
health, and free from every diforder that tended
to the fhortening of life.
After a moft eloquent reply by Mr. ERSK IN E,
The.Leained Judge fummed up the evidence
with the great& clearnefs and perfpicuity, and
direfted the attention of the Jury to the moil ma-
terial parts oldie cafe.
The Jury withdrew for tome time to confider
their VerdiEt, and then found for the Plaintiff.