Star.
London, England, 1828-10-22 00:00:00

i:A\V INTELLIGENCE.

COURT bF KING'S BENCH, CUII.IIIIALL, 'My. 21.
101.1i0ti VON L11411111,11t1 D In.ssoitouctl.
This was an action bootig/it hy a Go Man bankers tit
recovers sum of 3.2081. from the A 44: A,,ulafice Corn

pang. The defendant, Mr. Desbor ouph. is the Sect eta')
to the Association, and by the Act r f Parliament under
which the Company is iticot porared, a peWer is given
to sue and be sued in the 'name of the Secretary. The
Harms Lindettau having advanced certain monies to
Frederick Duke of Saxe Gntha and Altenburgh, insured
the life of the Duke in sever al E.lgl►sh Assurance Offices.
and among others in the officer-it the present defendant,
to the amount now sought to be recovered. The,Duke
having died, the present ac im► was brought by the
plaintiff to reimburse himself, and the whole question
in the cause was, whether the st..te of health in which

the Duke was at the time ct assume, was really such
as tepreiented?
Mr. BROUGHAM, Mr. F. POLLOCK, and Mr. Ban--
aim were for the pl.•nolflSir J. Scantier?. Mr

GUIANRY. Mr. CAMPBELL, Mt. COLERIDGE, and Mr.

CHITTY, Wee for the deieWint.

Mr. Buonounst state) the plaintiff's case; and hav-
ing described the parties as Anse, proceeded 'in the
course of the cause. He faid that the only matter in
issue was the min or falsehood of the representation
made to the insurance office of the defendant, whin the
insurance was eff.•cted. The Duke, on whose life the

policy Was made, was a young man of gay habits. He
had been placed in the German army by hi. father,
and led somewhat of a dissolute lite, but still he was
sound; and having occasion tor money, to meet di.
mestie contingencies of his relations, he borrowed
from the plaintiff a large sutra of money, .and with
other securities had bis liter inhaled. During his youth,
in the esercisa of his military avocations, he happened
to have a fall ; and his bead trathed the grad firht ;
but he recovered the effects of that accident, and way

soon able to join his regiment in Holland, as his com•
rades were then in the Mitch service. He war, how.

ever, subject to spasmoJic attack; and though he we,
in health, he had repeated attacks of the same nature.

In the )ear 1815 Ile became a Convert to the Ca-

tholic religion ; and as it usually happens with all
converts, he was more iealous in the observance of
his new doctrines than it he had been brought up
to the creed. Under the it fluence of those new
doctrines, or perhaps the aicelic observance of them,
his health became impaired. and be gradually was
reduced. His constitution, however, was renovated
by going to the baths at Matienburg. and he was
completely cured. These facts transpired previous col
the insurance bring effecters., and the Learned Counsel
could nut conceive why !ensconce to payment was made
by the pies ?lit defendant, as other insurance offices had
paid the sums for which they were liable on the Duke's
death. After the Duke's death the Duchess had the
body of the deceased opened. and the internal parts of
'the body were examined. From that examination, it
clearly appeared that no chronic disease existed in the
viscera, or any part of the trunk. The present plaintiff.
I however, refused to have the examination limited to
the body (tarty, and by his direction an examination
of the skull was made. On the head being opened. a
tumour of an extraordinary description was discovered.
It was not in any way connected with or attached to
I the brain, but on the internal part of the skull for six
inches; it spread itself under the bone of the skull
In the opinion of medical men who would be called. this
extraordinary appearance must • have existed for years,
if it had not its origin before the Duke came into the
world. In all human probability the phenomenon was
born with him, and had grown with his growth.—
Nevertheless, be was not subject to drows tress, to stupor,
or to fits. He was, indeed. at one time speechless, but
that merely resulted horn a violent cold, producing a
catarrh, but that was cured. He.had been also afflicted
with a cataract in one of his eyes, but this was of such a
nature that it could easily be operated upon. The first
ill health produced a plegniatic wit of feeling that oc-
casionally made the Duke delicate and nervous; but
still he had perfect possession of all his faculties, and
walked, and danced, and sang even in his bed-room.
When he went to Marieoburgh he associated with the
gayest company, and for his health was in the habi, of
taking the " Douche bath," which was something similar
to the English shower bath, and was, no doubt, of a most
mischievous description to the health of any one af-
flicted, as the Duke was, in the head. The Learned
Counsel had heard that the defence which would be set
up went to the extent of stating that the Duke was sub-
ject to fits, and that such an affliction was concealed
from the present defendants. He (Mr. Brougham)
would flatly contradict that assertion, and would show
by evidence incontrovertible that everything connected
with the health of the indiaidual whose lite was assured,
was distinctly stated to the Company before the policy
was effected. When a man was pet fectly capable of
minding his bumness, of seeing and conversing with his
friends, of partaking in tile amusements of social lite,
his mere temporary departure from strict healthiness
could not be called a ss tit ;" and it would be a gross
abuse of the Liiglish language so to call it. In this case
the question was one which most materially affected the
int-nests of every prudent man; because if, alter a man
died at an old age, his representatives were to be turned
round upon on the grand that some disease was disco-
vered on dissection. few peop.e would leave their rela-
tives safe when they insulted their lives. To the justice
and feelings of the Jury, therefne, the Learned Counsel
left his case, confident that they would find a verdict
for the full amount claimed.
Mr. Lewis, the Secretary to the Union Insurance
Office, proved the execution of a policy in that office,
and the usual formal evidence was given of the execu-
tion of um policy on which the present action was
btought.
Different depositions taken abroad were then ten-
dered, to show the state of the Duke of Saxe Gottlies
health previous to the insurance.
Lord TENTENDIIN asked whether it was requisite to
read them ?
Sir Jamas SCARLITT said. that from the fact of the
claimant being a foreigner, with all his resources of evi-
dence within his own grasp, and those resources being
• tit of the teach of the defendants, he felt himself bound
to put the plaintiff to the proof of his case. The other
side had all the command of the witnesses, the de-
fendants hart none.
The depositions of German physicians, taken abroad
under a commission from this country, were then put
in and read. They stared the general health of the Duke
but did not say that he was not subject to fits.
• Mr. Mitchell was here called to prove the original
German word in a part of Dr. Dalfs evidence. theca:act
meaning s f which he stated to be u a hindered faculty
of speech."
*Mr. Lewis re-examined by Mr. POLLOCK—The terms
Upon which the assurance was granted weir communiy
o.ated to the Office verbally ; the amount hi premium
upon a person of fifty years of age. residing abroad, for
one year, was about 21. 12s. The insurance was effected
is tom other Offices besides the: Union. Viiniess had

charged • higher premium than one In *contiquener
ti.e certificate. „
By Sir AMU; SCARLETT—The' I.kresl a. f
hinhursh ale ageists to the Union ; an M. Ilarnarel
s s sob.tment. We do considerable looseness in insuriits
Germ ill lopes. In Germany we do not tike more than
3 Oak ft r a life.
By Nit. PULLOCIt—I had a commission upon the it%
The certificate of the Noble Duke's dials was bete
put in anil read.
Some discussion here arose as to the validity the
isle to his brother's priverty. possessed by the Nuble
Duke; ulter which the iollowing evidence. which had
been taken in Get many, was read—
nest Nlunchausen, Chamberlain of the Duke a I
Size Gotha—Had never seen any indication which lea
him to suspect the esisteoce of a tumour in the de-
ceased's skull. The state r f Duke Frederick's health

was in general uninterruptedly good, and I never knew
ois head was affected until after it was dissected. Never
found the Duke in a state of stupor; was present dur-
ing the Duke's last illness; he was affected with a ea,
curb, and was continually coughing; all his friends
hoped that he would have recovered, but a sudden
.rroke of p ,rslysis put an end to his life; should have
considered any physician to have been wrong if be had
given an opinion that any thing was the miter with the
Noble Duke'. head; knew heithing of alleged juvenile
indiicretious on the pin of the Duke, and did not be.
lieve vete was soy foundatii.n for the reports on the
tlect.
'fie rest of this witness. evidence chiefly related to
the Duke's way of life, Mien which it appeared that hip
habits were very regUlar. He used in general to rise
early, and was very fond of society, patticularly that
of the Ltdies.

The foll,iwing evidence given by the late Duke's valet•
de•chambre, was then read—The Doke% temperament
was phlegmat'c, but this did not produce any alteration
in his general health ; he was very fond of music mod
painting, wt,ich had a peculiarly enlivening effect Upon
him. In June, 1824• the Doke was effected with stupor
and giddiness, but witness could not give any opinion
whether his head was affected; °by., ved n 6 peculia-
rities in the bodily or intellectual faculties of the Duke,
and had no idea of a disorder on the brain. Never saw
any paitscular symptom of debility, but the Duke in
general liked to be at his ease. Cannot say bow the
Duke lost the use of his speech, or whether it was oe.
casioned by any debilitating or untsatural propensity.
There were reports upon the subject. but witness could
not state any thing about them. The Duke was very
induTei t in warm weather, and at such seasons was is

the habit of reposing in the course of the day. During
the last two years ol his file. two physicians, Drs. Dan
and Bilden, were often in attendance upon him. The
Duke had frequently colds in his head, but knew nothing
ot stupor. Up to the time of his death. he bad a social
party regularly once a week, and in the day time some
one played on the piano or read to him.
John George Dad, chief physician to the late Duke
Frederick of Saxe G tha. eaclusively superintended the
medical treatment of the Noble Duke for some time
before his death. His Serene Highness was totally flee
from any dangerous disorder prey►, us to the year 1824.
The stoat remarkable peculiarity observable is the
Noble Duke was his indisposition to activity, and my
efforts were principally directed to combat this disin•
Duke Frederick's habits of Ide were
strictly moderate. There was a small tumour
the net side of the Duke's forehead, just ov
eye, but it had no connection with the brain. The
phleema observable in the Noble Duke was not at-
tached to disease. The Noble Duke's intellectual lacul•
ties were impaired, but this circumstance did not injure
his general health; on the contrary, as his mind was
more at ease, it was perhaps productive of benefit.—
Never heard the Duke complain of bead ache or giddi-
ness, much less of stupor, and was sine the Duke never
felt those sensations. or he would heed. told use, as he re•
posed considerable confidence in me: One strong fact
which led me to believe that the Duke had no mimic
disorder was, that his general health bad been much
ameliorated by the use of the Marienburgh waters. The
Duke's health had been much injured by his close at-
tention to the duties of religion. and his meditations
upon such subjects bad produced a species of ezeite•
agent and melancholy highly prejudicial to him. Sep•
posing that the Duke had actually had an organic
affection, the danger was considerably lessened by his
moderate habits of life.
The evidence of Drs. Zeela and Vanderbec stated
that Doke Frederick generally enjoyed a good state of
health prior to 1824. They did not know that the Duke
was attacked by vertigo. He drove out in his chariot
every day ; his health allowed of his doing so. In July,
1824, he walked daily in the gardens of his summer
Palace. In January, 1824, the Duke was in a worse
state of health and spirits than he had previously been.
He was heavy; he was assisted in getting in and oat of
his carriage. In 1820 there was a change in bias. He
spoke seldom, and there was a difficulty of speekin
which continued to his death. He was not caeaidaredi

in 1824, to be perfectly healthy, merely in consequence
of the difficulty of speaking, which commenced in ISIS.
It did not appear that there was any deficiency is bit
intellectual faculties. In 1824, the Duke had a slight
paralytic attack.
1)i. Stark. Councillor of the Grand Duchy of Sane
Weimar, rhysszian to Duke Frederick, saw the Doke
in 1821, when he visited the Duke and Duchess of Sue
Gotha. The Duke appeared to be indolent, but be
did not discover any defect in his ihtelkct. At die dia.
section of the body, at which he was pineal, be ac.
counted for the defect in his speech by an incipient
tumour found uncler the skull. He was net present
when the Duke deed, and could not say whether be died
of apoplexy or suffocation. The dissection of the bead
took place in the peeseme of the witness.
Mr. Green said, be was a Lecturer at St. Thomas's
Hospital ; he had attended to the evidence respecting the
health of Duke Frederick of Saxe Gotha ; his opinion
respecting the tumour under the skull was, that it was
formed at a period subsequent to the birth. He bad beard
the account of the Duke's habits in early life, and his
opinion was that the tumour had some effect on tbsbrain.
Tumours of this description produced ailments which
in general continued to increase. W hen organic alterations
became moo bid, they continued to inc ease. He thought
there was no evidence to slow he was affected with
organic disease before be went to Italy, in 1809. The
catarrhal fever and spasms, described by the witnesses,
were of so anomalous a character, that he would not
say that that effect was produced by a disease of the
brain ; at the same time he was disposed to think it did
proceed from the state of the brain. When the spasms
felt the Duke he should have considered the state of the
brain healthy ; at that period he should have been of
opuion that the Rake might have lived five yaps
ger ; he should not have thought the catarrhal attacks
would have affected his life. He bad heard the account
of the state pf the Duke's mind, and he did not think
it amounted to idiotcy, detatigement, or imbecility.
Cross-ciamined by Efir All3Oll 8.11111.111Tft•as amid be

drew his inference of the state of the Date's Mind (ions
his love of literature, music, painting, and engraving.
Those propensities indicated a certain portion of mental
vigour. The state of the Duke certainly furnished 'a
suspicion that his mind was imbecile. The water on
the brain observed at the dissection was a recent symp-
tom. The water was produced by paralysis on the brain.
The Duke was subject to catarrhal fever, during which
water descended from his head, and the witness thought
a frequent recurrence of thcse attacks was a proof of
bad health. In stating the general health of the patient
be should have considered it right to mention it. The
state of the Duke's intellect and incapacity to speak were
points of importance; and should have been noticed in
a communication of the state of his health. •
Lord TENTRADSW requested the witness to carry back
his recollection to the evidence of Dr. Dail respecting
the repeated attacks of catarrh, and say whether he as
a medical maa could, with a knowledge of those at-
tacks, consider it right to avoid mentioning the same to
an insurance office?
The witness said, he should have thought it right to
disclose the circumstance, because it was material ; the
state of mind was also of snore importance than the im-
perfection of speech.
Examined by Mr. BROUGHAM—Ton say you would
have thought it right to disclose the circumstances be-
cause they were important ?—However important the
state of the person's general health might be, the diffi-
culty of speech was a singular fact, and I should think
it right to give information to an insurance office on
that fact.
With a view to the effect it might have on the per-
son's life ?—No, but to enable them to make further
intriry.
Lord MITXRDZW—I will not nonsuit you, Mr.
Brougham, if you think you can go on.
Mr. BROUGHAM—If your Lordship means to leave it
to the Jury whether something was not concealed
which ought to have bees communicated? I should say
the concealment is not suck as can vitiate the policy. A
man may say, I did not think it material to communi-
cate a particular fact, and ninety nine may say it was
material; but if such concealment bonaftde be made, it
is not enough to vitiate the contract.
Lord TIKTERDEN—What I shall tell the Jury is this:
If any thing material to the office was not communi-
cated, which, in their opinion, it was important to
know, the policy is void.
Mr. BROUGHAM—I understand your Lordship to say,
it is a case to be put to the July, that if any thing was
concealed which, in the opinion of the Jury, it would
have been impossible for the insurers to know, the po-•
Ncy is void.
Lord TENTUDIN repeated his former opinion, and
Mr. BROUGHAM consented to be nonsuited.
Lord Tswrannzu then mentioned a case in the Com.
mon Pleas, Morris, v. Masters, in which a new trial
was obtained, on the ground that the question which
his Lordship intended to leave to the Jury, in the pre-;
sent instance, bad not been put.—Plaintiff Nonsuited: ,