A Peculiar Question.

Gisborne Standard and Cook County Gazette, Volume I, Issue 73, 29 November 1887, Page 2

A Peculiar Question.

Some months ago (says the Melbourne Argus) a clerk named Robert Duncan Duncan, employed in the Water Supply department at Geelong was convicted of embezzlement. His fl ielity had been guaranteed by the National Insurance Company to the amount of £250. The Government claimed from the Company the amount of this guarantee, but the Company disputed their liability on the grounds that due notice of the discovery of of Duncan’s dishonesty was not given to them, and that the Government had not given true answers to questions which formed the basis of the policy. As to the first, the jury before whom the case was tried found for the plaintiff. As to the second, the jury found in favour of the defendant. The Government had been asked how often and to whom would the applicant have to render an account of bis monetary proceedings, aud the answer was to the f*eoretary of Mines, aud that the check would be by an officer of the department, and by the audit commissioners or an officer of the de* partmeni, and the loss was occasioned by the careless aud negligent mode of checking the accounts Notwithstanding the adverse finding of the jury on these last points, the Government applied for judgment; and after arguinent, Mr-Juslice A,Beckett decided that ihe answer given as to the mode of cheeking the accounts was not * warranty, and that the plaintiff was therefore entitled to judgment for the amount.