Star.
London, England, 1817-03-07 00:00:00

EVANS Ir. LEE.

This was an action upon a policy of insurance,
effected on behalf of the Plaintiff, and underwritten

by the Defendant, in the sum of 4200: the voyage
was at and from Newcastleopon-Tyne to Yarmouth.
Several ,defences were pleaded—that the ship was
overloaded ; that it was unseaworthy ; and that, at
the time the policy was effected, the plaintiff was in
possession of informations which be did not commn- I
meate to the underwriters. The subsequent facts
were proved on the part of the plaintiff, in order to
entitle him to a verdict. The Maria, for that was
d:e name of the ship, having arrived et Newcastle,
the Captain, &trawl Clarke, proceeded to trek, in al
cargo of coals, and after remaining there about eight I
weeks, he wrote to the plaintiff that he was cleared
out; that he had eleven keels of coals on board, and
that if the wind continued fair be should arrive as I
soon as his lever. 'rhe plaintiff in consequence wrote
trahii broker, of the noose of Andrews desiring him
to effect an insurance to the amount of'lei000; add. I
kg, that he had received inallieence Iron! the CT- I
tam, that he should sail on the pith or 29di August.
This order was dated on Saturday, the 31st August., 1
ind it was put into the post office at Yarmouth, for
London,. on Sunday morning, September Ist, at ten
o'clock. The weather had been find alb Eriday, the
30th Adgusi;
.but on Saturday &est a 'violent gale
hadocome on, which did much dansete-to the ship- I
ping. 04 Sun ay, it a quarter past two,- a man of !
the name of Coto, arrived at the ptrintiff's !otiose in
Yarmouth, why, had been sent thither by a Gentleman
otthe name of •Siliky, Lord of the Manor of Haps-
borough, with a letter announcing that the Maria
bad been wrecked on the beach about 22 miles from
Yarmouth, and that every person on board had
perished. It appeared that the body of the Captain
• had been thrown ashore with some signs of Ide; but
, the people who discovered him gave him no assist-
ance, but proceeded to pillage the wreck. It was
alleged that this intelligence atrived at too late an
tour for communication to the plaintiff's broker in
London (tn wham the previous order for insurance
had been dispatched), the mail leaving Yarmouth at
bait pait one, and the post-office slotting at that
hour. Notice of the loss was given to the under-
writers on the 7th of September, the intermediate
time having been occupied by the plaintiff, at the
wteck, in securing a part of his property.
Many witnesses were calla to establish these facts,
end particularly .that the letter, stating the wreck,
did not reach the plaintiff's hands until after the clos-
ing of the post-office at Yarmouth and the departure
of the mail. One of the plaintiff's witnesses, however,
of the name of Cato, who had conveyed the letter of
Mr. Sibley to Yarmouth kens' Hapsborough, on his
erOssozaesination, swore distinctly that he arrived in
the town at half-past twelve; that he immediately
endeavoured to find •the owner or owners of the
Maria, whose names he did not know; that he met
Lis fathet.indawj a num aged 76, in the marketplace;;
that they proceeded together in the -starch, and
reached the plaintiff's house at a'quartir past one,
which would have lett tins, for the plaintiff to have
seat a letter to his broker with the news,-either by
the regain post, or by the magnet& .In chit cri.
fence, however. .he was coldffllkted by several wit-
messes, and particularly by the toaster of a polite-
' house, who% k was asserted, he stayed 20 nunutes
to drink a pot of beer with bis father-in-law The
plaintiff's witnesses (with tbe !undo° Cato)*frzed
the time precisely by the Kern of the cbalisd.bell,
which they attended, foe the afteratera's service. It
was admitted, however. by tbs.. that after the gale .
of dammlllay night the plaiatiff tars eatrtinely uneasy,
aid that Ito bad gene on twice into the town op
Sunday swift before twelve o'clock, after which
he inentimed atISM, Wag Cate astived, who brought
the tint knallkoace of the loss that had reached
. Yemenis. Tin plaintiff's-case • having been closed.
by Mr. Guinn, wile conducted it,
The Altoisrer-Otaina.u. addressed the Jary,
privies the4emptarion et the plaintiff to colllllolt a
fined open the midersiniters. Ha meat. over the
"obeli of die orstimasy, arguiog von the probabili-
ties, sod costendingthat the Jury ought to Iceland'.
led on the evidence of Cato (who had looked at the
town clock oa his arrival at Yarmouth, and who
could not maples mistakes), that the news of the
loss of the Maria was obtained lilies, tO esable the
plaintiff to countermand the iasurance be had direct-
ed : be also observed, upon an alleged discrepancy
*tweet the letter of the Captain and the instructions
sent by the plaintiff to his broker; and upon the cir•
curnstance that no notice of the less had been trans-
. milted until the 7th September, when the pkintiff
might suppose that he was quite secure, and that all
the nacre" were upon the policy.
Mr. Gown replied; and Lord ELlA:snowman,
in seaming up, detailed the various particulars des-
doled in the course of the cause, observing, that there
were two gondol: ; first, whether tfie Jury would
infix sty fraudulent iatalltiell 011 the pert of the
plaintiff to-mislead die underwriters, frogs the cir.
congaing, din the letter of °rani to itteure was not
in the tam of do oomotookatioa of the Captain ?
and seiondly,. whether news of the loss of die Maria
readied die ?lobes" sofikienelpearly to have enabled
• War to codittevetieed the insurance ? • It was certainly
fact worth, of consideration, that the letter from
the pia:hair, announcing the loss, was nut wanton

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