Lake County Press, PUBLISHED EVERY THURSDAY Arrowtown : December 23, 1897. An Important Case.

Lake County Press, Issue 787, 23 December 1897, Page 2

Lake County Press, PUBLISHED EVERY THURSDAY

Arrowtown : December 23, 1897. An Important Case.

'he trust that’s given thee guard, and to thyself be just.

Ant interesting insurance case lias just been decided at Wellington. As the facta of the case are similiar to those in the case of W. L. Davis v. The Manchester Insurance Company and the decision vice versa , our readers will be more than usually interested. The case under notice was heard before Mr Justice Edwards and a special jury of 12. The plaintiffs were the Bank of Australasia and 0. W. Oldham, of Pfitea, and the defendant the North German Fire Insurance Company. Mr Oldham owned extensive slaughtering and meat-canning works at Oanville, near Patea, of the value, it is stated, of over £IOOO. In 1889 he insured the building for £250, and the policy was transferred to the bank as mortgagee. Subsequently in 1895 a further policy of £SOO was taken out, and this also was tranferred to the bank, which paid the premium. Last June a fire occurred at the destroying several buildings and damaging others; and as the company refused to pay the insurance, the present action was brought to recover £250 In respect of the first policy and £SOO under the second one, together with interest at the rate of 8 per cent from the date of the fire. The defence set up was in the first place a denial that the buildings were of the value stated, or that plaintifl had any insurable interest whatever in the poli-

cies at the time of the fire, as if any buildings were covered they were still standing uninjured. The company among other things claimed that there had been non-compliance with the conditions of the policies, particularly in regard to the erection of heat-generat-ing appliances, detachment of buildings and their description ; and it alleged misrepresentation in several important particulars both before and since the fire. The jury returned a verdict for .£7OO and interest. Dr Findlay asked for stay of judgment until argument could be heard upon a nonsuit point, and leave was granted, notice of motion

to be given within seven days. The case will probably go to appeal..