LAW AND POLICE.

New Zealand Herald, Volume XXX, Issue 9257, 20 July 1893, Page 3

LAW AND POLICE.

SUPREME COURT.—Civil Sittings. Wednesday. [Before His Honor Mr. Justice Conolly.] Aitkin v.tiik Manchester Fire Assurance Company.— This was an action brought by .John Aitkin, to recover front the Manchester Fire Insurance Company £200 damages sustained by destruction by tiro of certain stacks of hay. Mr. Campbell appeared for the plaintill', and Dr. Laishloy, instructed by Mr. Drookfiold, for the defendant. Mr. Campbell read the pleadings. They set out that the plaintiff was a farmer at Titirangi, and the defendant company an insurance company carrying on business in Auckland. The plaintiff alleged hat the plaintilf had insured the crops for the sum of t3OO. On or about the 3rd March tho eight stacks of wheat were destroyed by lire, and defendants refused to pay tho policy. Tlio pleadings were very lengthy, and the defence was virtually that the plaintiff had no insurable interest in the pro- ; perty, and that, there bad been misi representation and concealment. Arthur liasell, who was in occupation of the farm in question at Otahuhu, deposed to making an agreement with plaintiff in May, 1892. Mr. Aitkin worked the land and grew tho wheat, but did not carry out the agreement by a very lung way. The eight stacks of wheat burnt were gro«vn on 1 that land by Aitkin. The attacks had not been sold ; had they been sold witness would have had to account for them. The value of wheat at that time was 2s :{.j-d, but witness did not offer it in the market as it ' was not threshed. lie had a sample, but it was nob a satisfactory one on which he could sell. In cross-examination witness said tho acreage on which the wheat was grown was about" ;V» acres, and there would nob bo more than lh acres waste. There was a narrow watercourse, but it was ploughed down to the edge. The crop was not to him a satisfactory one. He knew Mr. W. F. Massey, a very competent farmer, who did most of the threshing in that district. Ho instructed Devore and Cooper in March last to send a letter to tho Manchester Fire Assurance Company respecting these stack which were destroyed, bub he did nob see the letter. Witness also wrote to the company. Adjacent to those eight Stacks, witness owned two stacks of straw and one of hay, which were standing on the ground on the 20th February last, and one''of these was burnt. The farm was entirely in witness' hands, and Mr. Aitkin, on the 201 February, had no interest, leasehold or otherwise, in that farm, nor any interest in the stacks, beyond that set forth in the memorandum of agreement. John Aitkin, the plaintiff, deposed that the value of the eight stacks of wheab for which ho claimed, was £240, after being threshed. In cross-examination, he said lie claimed an interest in theso stacks, but he had never made over his interest to any person, except that lie had insured them. Ho proposed to Mr. Wilding, the agent, for an insurance on the stacks, and the items were read over to him. At the close of tho plaintiff's examination, Mr. Campbell closed his case, and the Court adjourned until ten o'clock next morning.

Alleged Larceny from Dwelling. — William Younger and James Griffon woro charged with having on the Ist July stolen the amount of £10 in money, the property of T. Prossor, of Karaiifjahape Road. Inspector Hickson conducted the prosecutien, and Mr. J. O'Meagher appeared for the accused. T. Prosser, bootmaker, deposed to the accused visiting his shop on several occasions. After their last visit witness missed the money from his safe. From a bundle of notes produced witness picked out one that he had in the safe previous to the robbery. lie identified it by the number, and also a red ink mark. Detective Chrystal deposed to arresting the accused. Prisoners reserved their defence, and were duly committed for trial. Bail was allowed in their own sureties of £100 and two sureties of £50 each.