The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-04-16 00:00:00

LIVERPOOL SPRING ASSIZES

NI3I PRIUS COURT.-TUESDAY, APRIL 9.

-- - '
OLIVERSON AND ANOTHER V. BRIGHTMAN AND OTHERS

(Continued from our last Paper.)
The further hearing of this case was resumed this morn-
ing.

Mr. Byrn, of the house of M`Vicar and Co. at Macao,
Was called, and stated in effect, that owing to the state of
relations between this country and China, it was impossi-
ble to land the cargo at Hong Kong, as there were no
warehouses there, and it was, moreover, not a place of
trade. The only port where they could have been d,s-
Posed of was Canton ; but a large portion of the damaged
cargo was sold at Hong Kong. At the time the
.goods
'tlere transhipped to the James Laing there was no Inten-
-4,.,n or again putting them on board the Penang.
.tat'antain Joseph Lyas, master of H.M.S. Herald, stated
t there was not at the time any declaration of war on
yem part of England against the Chinese; that Hong
11,g was preferable to Macao for lying up, and that in
May, '4O, the vessels of war were withdrawn from Macao.
This closed the plaintiff's case.
Mr. KELLY then addressed his lordship, contending
that no real question arose or was in dispute that could
be properly left to a jury. They had had direct answers
on every question from Mr. Byrn ; and although he was
a hostile witness, he (Mr. K.) was content to take, liter-
any and substantially, as true, all that witness had stated,
and thereupon to raise the question of law. The law was
clearly settled in favour of the defendants, by the case of
-frown v. Vean, in 12 East, page 293, which was a deci-
sion of Lord Ellenborough in the Court of Queen's
Bench. There an insurance had been effected on the
Ann to certain ports in the river Plate. The vessel pro-
Teeded to Monte Video, and, having stopped there, it was
',Vended to proceed and finish the voyage at Buenos
Ara. The fact and intention of the parties were stated.
tuthe time the vessel arrived, hostilities were going on at
seZ°B Ayres ; and this was exactly analagous to the pre-
Plac "se. Hong Kong was here named as one of several
disZarrnentioned in the policy ; but the intended place of
other Cante as, in the one case. Buenos Ayres—in the
muen n. There was a state of hostilities between
State
Ayres and the English ; and here there was a
Though Irstilities between Canton and Great Britain.
goods e was quite free to admit that in putting the
on board the James Laing, it was intended, it cir-
cumstances afterwards permitted, and if hostilities should
cease,e to send them on to Canton, and there dispose of
them still he contended that when a vessel arrived at one
of the places mentioned in the policy, intending to proceed
to another, and that, if from existing circumstances which
Prevented the parties from proceeding further, they landed
their cargo, or put it into any other place in order that it
blight remain in safety, on the chance of that state of
things ceasing, so that it might afterwards be sent else-
Where, the parties made that place the ultimate port of
discharge; and the risk was at an end. If he were wrong
on this point, the plaintiff /mould be entitled to recover ;
and if he were right, he apprehended then that the voy-
age
already cited,
at an end, and the risk determined. In the Case
cited, the verdict was for the defendant.
Some discussion followed between the counsel on both
sides ; and at length it was agreed to make it a special
case. and to leave it to the Court of Queen's Bench to
decide the question upon his lordships notes, with the
understanding that if the plaintiffs should be entitled to
recover, interest should be calculated from the Ist of
March, 1842.
verdict was accordingly taken for the plaintiffs, by
eavent,Ks for £2,870, subject to a special case.
This was
AND OTHERS V. WELLS AND ANOTHER.
verdict was an act'on precisely similar to the last, and a
was taken for the plaintiffs, by consent ; damages,
78. 9d , with interest, subject to to the special case
vliverson a.nd another v. Brightman and others.

BOLD AND ANOTHER V. ROTHERHAM.
This was an action of the same nature as the preceding,
and Was disposed of in a similar manner.

DORAN V. RITCHIE.
A special jury was sworn to try this important case.
Mr. Knowles and Mr. James appeared for the plaintiff,
toad Mr. Martin, Mr. Watson, and Mr. Crompton for the
defendant.
Mr. JAMES opened the pleadings. The plaintiff was
Doran, and the defendant was Thomas Ritcher,
theesecretary
Patrick
of the Phoenix Insurance Company. The
action was brought for the recovery of a sum of about
£5OO, being the amount of a policy of insurance effected
on the plaintiff's dwelling-house, store, 'and stock-in-
trade, in Crompton-street, in this town, which were de-
stroyed by fire at the time of the great conflagration in
l'ermbY-street, in September, 1842. The defendant re-
fused to pay, and pleaded that the plaintiff had committed
t. knowingly,
in that in the account and declaration of the loss,
L." designedly, and fraudulently, represented
it. to be much greater than it really was. This the plaintiff
denied, and upon this issue was joined.
for Mr. MARTIN was then allowed first to state the case
the defendant. In proceeding, he said he appeared on
behalf of the Phcenix Insurance Company, to admit that
they entered into the policy in question ; but that the
Plaintiff, from his conduct, was not entitled to receive any
Payment in respect of that policy. Mr. Doran, the plain-
tiff, had been a marine store dealer, and the action was to
recover £483 on a policy entered into on the 16th Octo-
ber, 1841. The policy provided, that persons who sus-
tained losses, should send in a true account of the same
without delay, and that if there were any fraud in the
statement, the claimant should forfeit his claim to resti-
tution or payment by virtue of the policy ; and the ques-
tion was, was the claim made false or fraudulent. The
policy was for £240 on stock in trade and utensils. £lOO
on a wooden shed, occupied as a dwelling-house, and 1.60
on household goods and apparel,—altogether amounting
to £5OO, at a premium of 10s. per cent. The learned
counsel described the premises. The policy was to cover
the premises from September, 1841, to September, 1842,
and the great fire in Crompton-street, &c. took place on
the 23d September, 1843. It was the largest fire since the
great fire of London, and the insurance offices had to pay
—"t,`°,,ooo for the property consumed. The fire began on
t.;2,daY, and these premises being near at hand, the
--suonurs in Crompton-street took away their property
to more secure places. On Saturday and Monday they
Were told by the police that there was no further danger,
and accordingly brought back their goods. Doran r.-
moved his things on Friday and Saturday, but there was
1:10 doubt that he never brought them back. On Monda
th y
bight, the 26th, his premises took fire, and in less than
ree quarters of an hour the whole were flat with the
igreend, and all that remeined was a small portion of old
r°,,O, and some rags. A suspicion arose that Doran him-
;.oernrohwaidnset fire to the premises, and he was arrested, and
ent for trial on a charge of arson. He was tried at the
spring assizes, and cquitted. With that ac-
-suittal the jury had nothing tondo;
Ill•ried on the claim put in. On the 10th October Doran
Ed
ae e an affirmation of his loss before the Mayor, and
in an inventory, to which the jury would direct their
attention. First, as to the wooden shed ; it was stated to
be occupied as a warehouse, and £lOO was insured on it.
next was about four tons of oakum, at £2O per ton,
I.:°- The next was about eight tons of rope. £7O. The
xt
,was thirty new flock beds, at 4s. each, £6. The next
608cuatnaged cotton, about 30 cwt., £42. The next was
and wit. of rags, £3O. The next was 25 cwt. of old iron
D„,.,,enains, £7, and this iron, it was admitted, was on the
.1.-n'lses at the time. The next was four beams and scales,
Th-; hfty cotton packs, 50s; and a pack of feathers, £B.
de, whole amounted to £267 13s. The next was the
-eding-house, valued at £lOO, improvements in it £5O;
the the various articles of furniture alleged to be there at
e time of the fire would amount to £62 17s. There was
aid to be a chest of drawers there, four clothes chests,
2tnd various other articles. It was then stated that cer-
-14 Property had been removed from Crompton-street ; it
numerated the articles, and amongst them was 53 cwt. of
'Z., £7, and cotton packing to the amount of £B. This
u m was furnished to the Phcenix Company ;the corn-
!!4co3l thought it right to investigate before they paid, and
vcordingly directions were given to investigate it in Li-
roterP°ol- The first inquiry was made of the fire-police-
,. !I, and a statement was made to them of the various ar-
kieles which were alleged to have been burned—oakuni,
tope, rags, damaged cotton, feathers, and flock beds ; and
ticiSe, said they had had experience of fires ; that such ar-
veres_ mwould occupy several hours in burning; that there
itospol.ls: circumstances to satisfy them of the absolute
Iv as (Ts': fly of such things being there; that the burning
after it • thratPid ; that there were no remains whatever
would be aabdif there were such goods in the place, there
that the board'sn k °f Property at the bottom of the fire ;
not in, as they:l,ll'll'r:
dill ; that
ttbhaeve fallen out, in such a case, and
rags ; and, in
ytohneere must be
.R smell. from the
and all said that it was ab-
SOilltely iMpocs'bi
; e that the property could have been in
the store on the night of the fire. Four tons of oakum
,Would occupy a considerable time in burning. Then eight
tops of rope would necessarily occupy a considerable
B)ace• They were closely twisted, and would of necessity
"ccuPy a consdeable time in burnng. Again 30 new
llock-beds, whichr are made closely together of, cotton,
Would
lai occupy a long time in burning ; and 60 cwt. of rags,
trl 'n, in a marine store, were generally damp, filthy, and
of dirt, would smoulder and not burn. The insurance
"Rice then inquired from the neighbours. The neighbours
.
said there was nothing there but some old rags, and
Zme iron on the floor. The insurance office directed an
7_e
4atninatiOn to be made of what would be the measure-
!!ant of articles on the claim. A young man in London,
andafterwards Mr. Grantham, of Liverpool, was appoint-
._oto do this; and the latter would tell them, that in his
togment, they would occupy 3,960 cubit feet. The corn-
ZteY thus finding the claim not an honest one, refused to
and the action was brought to compel them. They
wag
the claim as a fraudulent one, and also because it
tw_s! their duty to the public, as well as to themselves, to
..,!st claims of the kind.
se,,eeventeen witnesses were then. examined to prove the.
the ral facts detailed in the opening specrel ; after which
ne
sL h„ eadse for the defendant closed, and the court then ad-
-

WEDNESDAY.
1,;434 th
leap „e court resuming, Mr. KNOWLES asked whether
.ueert finned friend opposite would admit that Doran had
hat trUring with the Phoenix for five or six years, and
'm Year before the fire he reduced his premiums from
then.tsoo.
h 1 M A R.T x rep lied in the affirmative, and asked whe-
Drenc:B learned friend would admit that Doran held the
trses at the rate of £25 a-year.
i ICN°WLES was understood to make the admission.
Plaintiff Proceeded to address the jury on the part of the
kg, 31 i The claim was not at all extraordinary ; look-
excerlaeed, at all the circumstances, it was, he thought,
titt,euingly small, and he could not help thinking the re-
be_nce to it bad its origin in the fact that Doran had
1.111 tried on a charge of setting fire to his own premises.
the Yial could not but leave an influence, but he begged
all SurY to suspend their judgment until they had heard
evidence. His client bad been tried, and without
„„Qg a andwitness, acquitted. The case had arisen
"'+BPicion doubt arising from the many fires in Li-