The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-05
Superior Court.


MAY 4.-Hugh b Howardvs The City Fire Insurance
Company Of NeW York.-Ih leading outlines OF this
been now for fourteen days The amount depending
upon this suit is S45 000 Mr. Lord finished the closing
this forenoon and Judge Oakley proceeded to
charge the jury Thsis Of great interest Its
case involving avery large of property also
the character of the plaintiff and of his principal witness
The law in these cases is very simple and well under
stood On the part Of the Defence the contract in an
surance case peculiarly of good faith as SO much
depends upon dis statements On the part OF the Insu'
beray in order to the of the leases which
from their very nature must be less uncertain.
And such is the nature also of the contract any
of fraud the part of the plaintiff or any false
swearing, vitiaes and renders null and void the policy
and recovery at all can be had of the Insurance
Company. Your verdict must either be for the full
amount Of the claim else must be for the defence;
there can be middle ground The defence upon
ground only That there has been attempt the
part of the Towards to impose false upon the
Insurance Companies If such be the fact the plaintiff
recover nothing at ALL although he has undoubtedly
suffered great loss Judge Oakley here proceeded to
recspitulae the evidence in the According to
book OF inventory offered by the plaintiff, the of
$46 900 or $4,000 is made to appear II you can rely
upon the testimony OF cob A. Howard, then without
doubt the plaintiff has made out his case The whole his
great and facility with which persons in this COM
muAity can obtain credit. For Mr.. Howard, young
man from the country. with no capital at all dor al
counted capital at ally commences business and OBJ
tains credit to very large amount This is very easily
doneby first making false representations in respect to
the amount of his property, and thus getting
credit Of few thousand dollars-and then 60.
ing to another merchant and stating the
basis for still further credits Thus he goes from
to another, until immense amount OF credit has been
obtained This appears to be precisely the Of Mr.
Howard in this case And this is the first ground Of at
tack upon Mr. Towards credbility he second attack
is made the ground that the contained the
book is falsely made The witnesses the part Of the
defence estimate the property in the store low $751;
900, and none Of them higher than $4,000 While
the other hand the witnesses for the plaintiff make
out the property much higher, $4,000 $40o 900 ;
and Mr. Howard makes it out high $40 900 or ST.
600. This certainly very wide Margin but is for
you to form opinion as to what statements to be
believed As to the fire, evidence to charge Mr.
Howard with having set fire to the building In all cases
of fire. there always likely to be vague suspicion that
did not originate without dishonesty But you
charge party with this dishonesty without evidence,
and on mere suspicion. And do not understand that
the Defendant relies upon this part of their defence
Verdict for the defendants.
ALLEGATION will be made the Court set aside the
verdict and grant a new trial
Charles O'Connor, f. B. Cutting. d. Lord for Plaintiff
Hail. John Anthem, James r. Whiting, for defendant