PAYMENT OF FIRE INSURANCE POLICIES.

Otago Witness, Issue 1340, 4 August 1877, Page 5

PAYMENT OF FIRE INSURANCE POLICIES.

The case of James Grogan v. the South British Insurance Company was adjudicated upon at the Resident Magistrate's Court on Ihursday morning. His Worship (Mr J. Bathgate) said: This action is to recover LIOO damages from fire. No policy had been executed a!, the date of the fire. The plaintiff produced a proposal signed by him, which contained the following words—" This proposal is made subject to the conditions of the policies ot this Company, which are hereby agreed to " Ihe plaintiff also produced a receipt for the premium, bearing the following words—'- bein» the premium on an insurance of Ll5O against fire, subject to the Company's printed conditions," "for which a policy expressive of particulars -will be isaued." No evidence was led as to the conditions referred to. The objection was taken for the defendant that in the absence of the conditions tnere was no complete agreement proved, and a non-suit was moved -for. An offer was made at the same tiuie to waive this objection if the plaintiff would consent to the printed conditions being put in. This offer was refused for the plaintiff, who asked' for judgment on the ground that the proposal and receipts formed the sole agreement between the I parties. In the proposal and receipt, reference is made to another document, containing cerI tarn conditions* which it was the intention of the parties should form part of the agreement between them. The proposal, receipt, and conditions must, in my opinion, be construed and treated as one agreement. Until I have these conditions before me, the terms of the contract are imperfect and uncertain, and I am unable to proceed to judgment. The plaintiff will be non-suited. His W,,rship wished the parties would come to some decision privately in the matter. Mr Denniston, on behalf of the Company said he was willing that His Worship should assess the amount due. His Worship said h b was satisfied with the conduct of the Company. Mr Turton, who appeared for the plaintiff, said he would take the non-suit. A meeting of the Cromwell Quartz Mining Co. was held in the Empire Hotel on Friday afternoon. Our reporter was informed that the meeting was a private one.