Star.
London, England, 1826-05-11 00:00:00

LAW INTELLIGENCE.

COURT OF EXCHEQUER, MAY 10.

OARRAT AND OTHERS, THE EXECUTORS OF RAINIER V.

THE ROCK LITE INSURANCE C ‘AIPANY.

This was an action brought to recover the sum of three thousand
pounds on a policy of Insurance effected on the life of Mr. Rainier.

. .
Mr. JERVIS the Counsel for the plaint ff, stated that
there was a clauce in the policy which states, that if the
insured meets with his death,by suicide or duelling, his
executors shall not receive the amount of the policy.
This proviso is introduced in order to protect companies
from the frauds which persons in desperate circum-
stances might be induced to cimmit, for the sake of
their families, by self-destruction. In the year 1809
Mr. Rainier had marl ied a young Lady, and in the year
1810, in order to provide for a family which he ex-
pected would be large, he effects d an insurance upon
the Company for 5,0001. Finding, however, from a
change in his circumstances, that he was unable to
make the regular payments upon so large an amount,
he, with the consent of the Company, reduced the policy
to 5,0001. and upon it he had paid 1,5951. to the office.
It was stated, in favour of the defendant, that Mr. RAI.
nier had been afflicted with one of the most awful of
human maladies—insanity. He had been at one time
a partner in a firm, which in 1810 stopped payment,
and involved him in considerable difficulties. He lost
his mother, who was a most tender and affectionate
parent, and atter that time (1817), he began to show
symptom, of mental derangement. Five years after the
death of his mother he had the misfortune to lose his
wite,and was again deprived of reason, but never showed
any disposition to injure either himself or others. He re-
sided at Highbury, and on the 15th of March, between
five and six o'clock, he quitted Iris house unknown to
his family, and called at some places where he doubtless
exhibited strong symptoms of agitation and excitement.
At Mr. Williams's house at Homerton, which was the
first place he visited, he asked for a glass of water. The
Lady prevailed upon him to take wine, after which he
asked her for a bed; this accommodation he could not
get, upon which he went to a public-house, where he
was also disappointed in his application for a bed. In
going from one place to another he had to pass the
New River, and if he contemplated suicide, it was na-
total to suppose he would have drowned himself there.
He then passed on to the house of Mr. Cavanagh,
where he took refreshment, and after another call in the
same neighbourhood, he ran into the City, and asked a
friend for some money, but disappeared suddenlywith-
out taking it with him. He was afterwards seen by the
patrol running rapidly along the road to Finchley, and
he came so roughly in contact with a bricklayer, that
both tumbled down on their backs. Upon being ques-
tioned as to the cause of his violent journey, he said he
had been robbed and murdered I Upon searching his
pockets, however, he said that he had lost nothing, that
he had unfortunately dined out, and got in liquor. He
was anxious to get upon the patrols' boxes, but could
not prevail upon the person who accompanied him to
allow him. He then took the road to Finchley, and
upon reaching a pond on the premises of a farmer was
d; owned. It was probable from the state in which his
eloes and stockings were found, that he had walked
into the pond with his clothes on; that he then re-
turned, undressed himself, laid his clothes in a conve-
nient place, and in such a manner as p oved that he in-
tended to dress himself after he hed cooled the fever
under which he had evidently laboured. The defend-
ants 'alleged that he had committed suicide, and re-
fused, on that ground to pay the demand. If he had
intended to drown himself he would have thrown him-'
self in, clothes and all; but it was to be inferred from
all the circumstances, that he did not go into the water
for the purpose of destroying life. but merely to allay
the excessive fever with which he was afflicted, and that
he had died from apoplexy or accident. He had acted
in a manner that was not reconcileable with the idea of
destroying himself in passing-by that part of the pond
where he would have been immediately drowned if he
had thrown himself in, and selecting that part which
was not so .seen. The weather was most inclement.
There was a b'a:k frost upon the ground, and it was
natural to suppose that apoplexy teas produced by im-
mersion, as the deceased had a great tendency to that
disorder ? Supposing he was insane, what was there in
the circumstances to show that he had committed self-
murder? The Jury would doubtless be of opinion, that
in going to the pond to allay the fever with which he
was tortured, he died an accidental death.

After two witnesses had corroborated the statement of the
Learned Counsel as to the conduct of the deceased.
_ _ _

Mi..l3iewster, the farmer in whose pond the body
was found, stated, that upon going out early on the
morning of the 16. h of March, he saw the body in the
shallow part cf the pond. The deceased must pass the
deep part to arrive at that which was shallow. It a
person who had the power of rising had fallen in the
part where the body lay, he could easily have got out,
as the bottom was firm.

Dlr. Stracey, a surgeon, who had examined the body, was de•
cidedly of opinion that the deceased died of apoplexy.
. . . . .

, . .
Mr..learts asked, whether immersion of the extremities in cold
water might not ere.iteapolik-sy with a person in a state of fever?
Wimess—".No doubt of it."

Mr. Banuonsat asked the witnev, whether a man who was
hanged might nut die of apoplexy u well as a person who
was

Witness said, that when a person died from sufincatioss, there wu
generally a rupture of the blood-vevels of the bead.
Witnesses vi ere called to pore that the occasional
insan ty of the deceased was not of such a nature as to
lead him to commit suicide. He was perfectly harmless
both to himself and others; and his general character
was such that he would be the last man suspected of
such a tendency. Dr. Armstrong gave evidence to
this effect ; and another medical man was of opinion,
that the deceased might have died by an apoplectic fit,
produced by immersion in cold water whilst in a state
of fever.

The Cmsr BARON said, it was one of those cases in
which there was no knowing how to decide. It re-
minded him of a case of property in which it was to go
one way, if the daughter survived her mother, and
another way, if the mother survived her. It happened
that they both perished in one ship, which was sunk;
and a Jury bad to deter mine which died first. The
Jury decided on the presumption that the greater
strength of.the mother would be able to struggle the
longest against death.
The Jury retired for about a quarter of an hour, and returned a
verdict for the plaintiff for £3,480, and stated that they-considered
that the deceased did ndt enter the water with the Intention of
drowning himself.

COURT OF KING'S BENCH, MAT 10.
LNACH f. BARRATT AND SMITH.
This was an action by a tenant against a landlord
and his broker, for an illegal and excessive distress, in
the parish of St. Martin in the Fields. It appeared that
rent being in an ear to the amount of 81. 5% the whole

!property io the room rented, amounting to between'
901. and 401. was taken, and the plaintiff's wife, chil-
dren and niece were obliged to leave the premises, in
consequence of the misconduct or an ill-looking fellow,
ho was left in pos ession. It appeared that this person,
s ho was of a most forbidding appearance, had ava led
himself of the absence of Mrs. Leach, who had gone
out for the purpose of trying to raise the rent, and
made an indecent assault on the plaintiff's niece, an in-
tete,ting girl about fifteen years of age, by thrusting
his hainr, intii her boson:, and atte :ript_ng to take other
liberties.

Mr. emotes SERGEANT submitted to the Jury that the defen-
dants were not to be responsible for the misconduct of this man.
Mr. ScasturrT made a most eloquent reply upon the oppression
with which the case was characterised; and the Jury found for
the plaintiff—Damages .C.:O

THE REV --•-.-- NANNY V. KENDRICK.

Mr. Sergeant WILDE stated that this was an action
upon a bond of 5001. The terms were, that the de
fersdant should, in the event of the death of his father,
pay to the plaintiff that sum. The father was dead, and
the payment of the bond was resisted on the grounds of
fraud; he would prove the signature of the bond, and
that would be his case, unlcss any thing should occur
in the defence that might resider it necessary for him to
make any further observations. The signature to the
bond was proved by the footman of the plaintiff: it was
executed at Clre,.ter.

The bond was read : the conditions were, that the
Rev. Plaintiff was to advance 2001. to the defendant, for
which he was to receive 500/. on the death of the father
of the defendant. The bond was given in 1821, just
after the defendant had come of age.-
Mr. Sergeant Pus addressed the Jury on behalf of defendant.
The LORD CHIMP Juaritca was extremely sorry to
find that a Clegyman, who was very well known, had
mixed himself in such a transaction. The young man
was but just come of age, and he regretted that the
plaintiff should have advanced any money upon what
the defendant might be entitled to after the death of his
father ; but they were not there as correctors of morals,
but to dispense the law. He was bound to say that the
bond was a legal instrument. A Court of Equity might
probably afford a remedy.
Verdict for the plaintiff—Damages Is. costs, 409.
This gives the plaintiff the right to sue out execution for the
whole sum.

DISTURBANCES AT TROWBRIDGE.