CIVIL BUSINESS.

Poverty Bay Herald, Volume XXII, Issue 7411, 13 August 1895, Page 3

CIVIL BUSINESS.

AN INSURANCE CASE. W. M. Kirk and others v. the Phamix Insurance Company, claim £500, amount of policy. Mr Theo. Cooper, instructed by Mr Finn, appeared for plaintiffs, and Mr DeLautour for the defendant Company. The following ' jury was empanelled : — Messrs Nasmith, J. Davia, J. T. Evans, and. B. Colebrook. Mr J. T. Evans was chosen foreman. Mr Cooper explained the nature of the case. The amount sued for was £500 insured on goodß in a Btore belonging to Mr Kirk. A fire destroyed the property, after which the plaintiff, Mr Kirk, transferred his interest in the policy to Mr F. J. Shelton and Mr Kern, who represented certain creditors. Some correspondence had passed between the parties, from which ib was clear that the defendant Company refused to go to arbitration. The amount of the policy had not been paid. The defence set up was twofold —(1) that the plaintiffs had not substantiated their claim, and (2) if they had, their claim was fraudulent, and they were not entitled to recover. The defendants, it seemed to , him, contended that the policy had been obtained by false representation. Mr Cooper proceeded to state the facts connected with the fire, and the action of the Company in declining to pay the amount of the policy. rMr Quigley was appointed by the Company to survey the damage by fire. Mr DeLautour denied that Mr Quigley, had been appointed by the Company. ..- Mr Cooper said he waa instvuoted that Mr Qatgley was appointed. He proceeded to read '" the correspondence between the parties. W. M. Kirk said that up to Sept. 19th last year he carried on business as a general storekeeper at Te Arai. The premises were his own. On the 13th December, 1893, he made a proposal of insurance to the Phcenix Company. The form produced was the one he made. Mr Lewis filled up the body of the proposal. The amount insured was £500 on stock and trade, valued at £900. Mr Lewis went out to his. 1 place before the proposal was made-up, and -was the local officer of the Company. He inspected the stock before the document &as filled up. He had the things handed down to him, and after examining them expressed himself satisfied. His storewas very well stocked for a country store. He and his wife discussed the amount for which the stock should be insured. He continued to carry on business until the time the fire occurred. The stock was kept well up by purchases from A. Clark and Sons in drapery, and from Common, Shelton and Co. and the Co-operative Co. in groceries. A fire took place on 19th September, completely destroying the store and stock. It waß a very stormy night ; a perfect gale ! waß blowing. He wired to Mr. Lewis that his Btore had been burned, and Mr Lewis came out to the placeeeveralhoursafterwards. The fire occurred at about 4 o'clock in the morning. He asked where the rolls of drapery were, aa he expected to see them, smouldering in the remains. He said they oughjt to be seen several hours after the fire had burned itself out. He asked about certain books— a stock, book— and witness replied in -the negative. He told, witness to bring his books into town. Witness used to take Mb books home every night. Mr Lewis Baid witueßß would have to bring the books to town to be examined by an expert. Witness brought them in himself . and took them to Mr Quigley.'to whom he bad been referred by Mr Lewiß. Mr Wilson, junior, was with him. Mr Wilson and Mr Quigley went through the whole of Che books, and a statement was prepared from them and from information witness supplied. Mr Wilson prepared a statement from Mr Quigley's figures. Mr DeLautour objected to Mr Qaigley's statement being received as evidence, as he was nob acting for the company. Mr Cooper called upon the defence to produce the statement. Mr DeLautour submitted that it was not evidence between the parties. It was made out from the plaintiff's figures, Hia Honor said he thought the evidence should be accepted for what it was worth. Mr Copper said he called upon the other Bide to produce the statement, and the other side would not. Witness: The document produced was the proof of loss prepared by Mr Jones at his direction. It was declared to before Mr Townley, a Justice of the Peace. The building was insured. in the Economic, which . was in liquidation. . Mr Cooper : You have been very unfortunate. One company refuses to pay, and the other is in liquidation. Witness, continuing, said the statement was made up from Me Quigley's figures. A few days after he assigned his interest under the policy to Messrs Shelton and Kern. The policy was endorsed by him. His Honor said if the endorsed policy had , been admitted, it would Imvo been an admission of the claim of Messrs Shelton and Kern. The business in connection with the insurance has been conducted by Messrs Shelton and Kern since he transferred his interest to them. More information was given by witness to them in order that it might be forwarded on to the company. The statement dated March 9th, 1895, was signed by witness. It was a declaration containing statements Bhowing his account from stock account and sales and receipts. (Case proceeding.)