SUPREME COURT-CIVIL SITTINGS.

Auckland Star, Volume XI, Issue 3197, 20 October 1880, Page 2

SUPREME COURT-CIVIL SITTINGS.

Yesterday Concluded,

(Before His Honor Mr Justice Richmond

and a Special Jury.)

Bank op New South Walks v. R<Jyal Insurance Co.—Claim £2,850. The evidence of George William Jones, loc,al agent for the defendant Company,... was heard yesterday afternoon, and with it tho caso for tho defence closed. He deposed that the insurance upon the mill took effect from the Ist of July 1870. The amount was for £1,350. The mill was burned down on tho 22nd November. He first heard of tho fire from Harris, senior, who sent him a brief note*1 Subsequently he received the proof of loss, in which it was stated that Mr Harris, junior, was the mortgagor in possession. Upon proof of loss he elected to reinstate the buildings on several grounds. He thought that tbe fire was not wholly ac cidental. He gave instructions to Mr Bartley to make plans, specifications, and call for tenders, which was done. 'J here were two tenders—£l,3lo aud £2,000. A menace of litigation was thrown out and in consequence, no tender was accepted. He thought that if he had to face litigation, ho preferred it at once, than after the mill bad been reinstated. I

Mr Hesketh and Mr Whitaker having in turn been heard in support of their resj pectivc cases. His Honor summed up and i then the jury retired. They returned after half-an-hour's deliberation, finding that the Bank was interested; that the property was not of tho value of £2850; that tho defendants did not rely on the representations made in the proof of loss; that tho plaintiffs were damnified; that the plaintiffs filled the characters of insurers; that they insured not simply as mortgagees; that the defendants were not obstructed to carry out the re-instntement. They also found that the plaintiffs were entitled to £1850 damagesMr Heskelh tendered exceptions to His Honor's direction on the 4th and 7th issues. The Court rose at 7.10 p.m. ,