OFFICIAL ASSIGNEE V. SOUTH BRITISH.

Auckland Star, Volume XX, Issue 149, 25 June 1889, Page 5

OFFICIAL ASSIGNEE V. SOUTH BRITISH.

CLAIM, £562.

The following evidence waa taken after we went to press yesterday : — . Frederick Prime deposed bhab he was the Karangahape Road agent for _ bhe Soubh British Insurance Company. On bhe 12bh January Mr Bradbury called on witness and said he would insure for £800. Witness visited Bradbury's shop and made some inquiries. Bradbury said he had £1,100 worth ■ii sbock and produced invoices for £1,270 worbh of sbock. A proposal was made for bho insurance of £800 on stock and £100 on furniture, also special insurance of £20 oa two harmoniums. The first amounb was albered from £800 to £600 by bhe head oJlice, and Mr Bradbury accepted bhe latter sum. The proposal for £J2O on furniture and harmonium was accepted. Witness was paid the premiums on the 30bh January, and delivered the policies on tho same date. Witness 'saw some goods leaving Bradbury's shpjp in a large spring carb, whioh was tilled after the proposal had been accepted. No proof of loss was delivered to witness.

By Mr Campbell: The proposal, in the first instance, was solicited by witness. When he received the proposal he knew that cases of goods had been sent to Tauranga, and reported the fact to Mr Russell. Alexander 'Skinner, adjuster, deposed thab on the day after the lire occurred at Bradbury's promises he saw Mr Bradbury. Witness "told Bradbury that in such cases it was usual to have an appraisement made at once. He said that two men in the trade would go over the stock, give ibs presenb value, and what ib would cost to replace ib. If any of fche stock was so much damaged thab the appraisers could nob see it, they would have to find the value of thab in some other way, and he would have to send in a claim to the Company for the total loss. Mr Bradbury nominated Mr Forder, and witness nominated Mr Brown, on behalf of the Company. Up bill this time Mr Bradbury had made no claim. Witness explained to tho appraisers bhat they bad only to do with the damage they could see, and thab if any of the stock was destroyed so as bo be unrecognisable bhey had nothing to do with it. Subsequently witness and Mr Bradbury differed ■as to the estimate of what was totally destroyed, and wibness asked the assessors to make an estimate of the same and pub ib into their reporb after they had done'the other work. Witness told Mr Bradbury thab he would have to send in a formal claim to tho Company. Witness found from a perusal of Bradbury's jbooks that he could nob have been doing a payable business from bhe 16th October up till the 3rd February. He told- Bradbury so, and also, called his attention to the amount of stock according to his books and according bo the appraisers. His Honor asked what was the object of tins examination ? The appraisers having found bhab thers was suflicienb stock to cover the amounb secured. Mr (Jotter submitted thab ib wns a matter for the jury to consider. What he was desirious of showing was that a large •quantity of goods were removed from bhe premisea during a certain period. His Honor said all bhat had to do wibh ahe present case was that the assured kept S/,,.0 worth of stock on hand. ' /lr (Jotter said bhat the Insurance Cornr , dcs only insured to bhe extent of fehree--1 jirbhs ot the value of stock. His Honor caused a laugh by observing tint this was theory rather than fact. Evidence continued .- Witness found the Tai ue of stock according bo the books was £1,242, and thab Bradbury's sales had amounted to £378. Bradbury said the profib was irom 20 to 25 per cent., and that would leave about. £300 as the purchasing price. Bradbury admitted having sent goods bo Tauranga, bhe value of which was £187 selling prices, also having sent about fW worth of stock to Arthur and Buddies auotion mart. This left about £760 bhab .should have been on bhe premises ab the time of the lire, leaving a balance of £140 Siot accounted for. In answer to His Honor witness said that the books were nob kept accurately. Witness spoke bo Mr Bradbury with regard bo the discrepancy, and he said he could not account for ib. Mr Cotter : Can you say what were tbe amount of Bradbury's expenses during that period V His Honor: Really, Mr Cotter, I cannot _cc bhe objecb of this. Mr Cofcser : Does your Honor say that you will not receive tho evidence? His Honor ; No, Mr Cobber. I express mj opinion on such matters, and leave bhem bo the discretion of counsel. Mr Cobter : Then 1 shall confine myself to the one question. Wibness sbabed that Bradbury appeared to have been losing about £2 per week. By Mr Campbell: The agreement entered into was thab Messrs Forder and Biwvnwereto estimate the value of the goods destroyed by ibe. if. there was a good deal set down for furniture and hxtarts, that mifthb account -.Q- bhe discrepancy mentioned. Patrick Herbert, acting detective, deposed to conversations between himself and Herbert Bradbury. Bradbury told witness that on the evening of the fire he had tea with his mother, brother, and sisters about 5 p.m., that about 6.30 his mother and elder sister went to church, and thab aboub 7 he and his brobher Ernest »venfc for a walk, leaving bwo sisters upstairs in the front sitting-room. Ernest wenb downstairs first/and he followed. He went into the show-room, which be used as a be:iroom bo wash his hands and brush his hair. He followed Ernesb oub of the front door, locking the door, and baking the key with him. He caught up to Ernesb aboub Ponsonby Road and bhey walked togebher as far as Dennison street, Surrey Hills, when bhey beard the lire bells ring. They hurried back and found bhe place in flames. He said that they had no light at anytime bhab day either in the showroom or shop, that he did not smoke, and bhab he saw no sign ot fire in bhe kitchen as he passed. He said he :sent about £130 worth of goods bo Tauranga to be sold. Wibness told Bradbury bhab a coroner's inquiry would be held on bhe 20th, and warned him to be presenb. Bradbury said he would be bhere. The Courb then adjourned till 10 a.m. today (Tuesday).