AVERAGE ADJUSTMENT.

New Zealand Herald, Volume XXVIII, Issue 8540, 14 April 1891, Page 3

AVERAGE ADJUSTMENT.

TO THE EDITOR. Sir,—On the 9th ultimo I called your , attention to the fact that the cablegram whichv had announced the day before the reversal by the Judges of the House of Lords of all the previous decisions in the case of Vagliaaio v. Bank of England, was the fulfilment of a prophecy which I had made when in London two years since, that being the time when the litigation about the case commenced, and went against my views. Amongst those to whom I then gave my prophecy I may mention the names ot Messrs. Mare, Holmwood, and Co., merchants, of 17, Gracechurch-street; Messrs. Hale, Coyte, and Hale, average adjusters, of 23, Birchin Lane, and the gentleman in charge of the foreign department of the Phoenix Fire Office, Lombard-street. In my letter to you I added that, on my return to New Zealand, I had placed the same prophecy into the hands of Messrs. Levin and Co., merchants, Wellington. Since I addressed you Messrs. Levin and Co. have kindly forwarded it to me, and I now append it, with an endorsement showing the date on which it was handed to them. Mx. Bonbow, I may remark, was their clerk at the time when. J foretold the final issue, but is now agent for the South British Insurance Company in that city. After this, have I nota, right to saythat, ii Shaw-Savill and Co. had carried their seven, years' dispute with the New Zealand undewriters over Himalaya average to the same tribunal, success would have rewarded their effort, and that, for the third time, the highest Court would have adopted my views instead of the views of my opponents, the second case by which it has done so being-its decision in the average case of Svensden v. Wallace (May 12,1885), a decision which is little else than an echo on the point of my pamphlet, " Reason v. Law," written five years before ?—I am, &c, Thomas H. Mabin. Auckland, April 11 J; 1891. "Wellington, 23rd September, 1890.—] foretell that the case of Vagliano v. Bank o; England, which has so far gone against tht bank, will be reversed in the House of Lords I said the same thing when in England tw< (2) years since.— Thos. H. Mabin.'• Marked outside, " To be opened when thi decision of Vagliano v. Bank of Englam' becomes known in the colony." " This paper in a sealed envelope wa handed to me by Mr. Mabin, on 23rd Sep> tember, IS9O.—C. W. Benbow."