Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-24


them The masons and carpenters, have done their
work well; and every one connected with the con-
srucsn mast feel gra,ifed at this contamination Of
all their wishes and exertions.
GREAT DINNER AT WAsHISsToS.-Mr Webster
gave splendid dinner at Washington, on Thursday,
the 22d WashngtoH's Birthday. Col. Webb, Charles
King and the principal men of the Aster .fetc went
on to be present full account will be given in the
Evening Herald today, from our correspondent at
Washington. Laugh and grow fat as well eat
and grow fat.
Svpr.roR Cousr, Feb 72nd-Before Judge Jones
Seeley g. Storms versus the Merchants Insurance
Company.
This was an action to recover $1,000, the amount of
damage claimed by the plaintiff, as alleged to have
been sustained by them In hire al their store No. So
Water street on the 4lh of June last
The defence was that the plaintiffs had made
fraudulent return of the loss sustained by them, and
had in consequence vitated Their policy
to have been taken out eight days before the fire.
They also proved the occurrence Of the fire, and the
damage done to the store itself to have amounted to
near 500. This was repaired by the bowery In
surance Office in which the store was insured.
The plaintiffs also proved by a carman that they
moved from Washington street in the early part Of
the year and then took IL cart loads Of goods to the
store in Water They further proved by bills
the amount Of near $500, between March and
| June.
II was also stated that the inspector of the Mer
chants Insurance Company was at the store about
week before the fire, and saw or was satisfied that
they had from $4,000 TO S3OOo worth OF goods IN The
After the fire was said the insurance Office offered
to commute the loss for $500, but Seeey d Storms
rendered return Of all the goods in the stere TO the
amount of $500 as being burnt injured; on this
thew afterwards made deduction for salvage Of $780,
! leaving $1,000, the amount now claimed
AmoRc ST the articles alleged TO have been lest by the
| Gin hogshead of spirits, 800 gallons of sperm oil
300 gallons of refined OIL and 60 gallons of nseed
oil.
important bearing the case, inasmach as II was
said had these infiammablc articles caught fire. they
would have blown up and destroyed the whole store.
The evidence given by the plaintiffs TO the extent
of the injuries sustained by them, from the fire, was
somewhat vague and unsatisfactory. They produced
their books in court, and offered TO show by them
that they had $1,000 worth of goods in the store
at the time of the fire; but this overrued not
being legal evidence They also pTeduced their own
afidavs made to the Insurance office; but this
also overruled, being merely preliminary proofs,
| and not competent testimony.
They then produced their COOPER bnt he only testi-
fed TO seeing the hoops and slaves OF or barrels
abost the store after the fire. one Of which seemed
TO have contained oil, and another spirits; and alsG
10 having mended the hqaHsIeaked. Bnt no distinct
Sshiehte was given as TO the actual size of these
barrels to epartcular nature or quantity of then
| contents.
A Mr.. Aldridge was alss introduced by the plain
tffs who stated that he al the store the night Of
the fire, and saw the engines playing into il, and
large body of flame in the store; he also dis
tinty that he got into the window Of the counting
room took the books, handed them to man outside
then got out himself and took the books from the
man and laid them on steep close by.
For the defence, Mr.. Kellum, the street Inspector
| IF 49, totW I'd md Pc lie he Aosic A
derman were called and sworn. They corroborat ted
each others testimony to the following effect =
They both reached thefre before the front door was
broken open they would not allow it TO be opened
until they had first fastened hose to hydrant and
the water thus thrown IN the instant the was
admitted. They saw flame, only considerable
body of smoke; the Ere was put out in few minutes
after they entered they thought the entire damage
could not amount TO Slo0 there was violence
used by the firemen; they saw no breaking or des-
roying of goods; the casks lay on tier near the
door; the fire was in the back part Of the store
there was much water on the floor, and some oil ap-
peared TO be floating on the top; they entered the
counting room before any one else and took the
books out; after the FIRE they returned the books to
the counting room. They also fastened the store
door an we'll as they were able, and left Waterman
| al the door, with orders not 10 leave the premises
unless he was relieved by a man from the watch
honse In the morning, Alderman Bayis called at
the store and found that the Waterman had remain
ed there all night He also congratulated the store
dcted Aldrdge's testimony about the books; but he
| admitted that three four barrels were relied into
the street during the fire. but he did know whether
| they were returned TO the store.
The watchmeA not produced and this was
about the sum total Of the evidence on either side
with the exception Of Of the reporters for the
merainp papers who stated that he was at the fire
found the damage to be small, and 80 reported il in
| his paper next morning.
| This was the case.
The Judge charged that the fact Of the policy being
anderwriten by the defendants was proved as also
the fact of the Gre and OF damage being done
thereby The question for the jury was TO determine
under the evidence the anount Of loss which the
plapffs had sustained by the fire. IL appeared that
the FIRE was discovered about nine in the evening;
and continued bat short time no witness stating
ct more than twenty five minutes and the best proof
that had been adduccd in the evidence limited il to
about ten or twelve minutes The best proof alae
adduced compels US TO think II commenced IN the
ceiling of the store near the fire place, and the force
OF was in the rear Of the store, but never entered
the counting room.
The only actual proof in the cause went to show
the destruction of two casks; proof was brought