AN EQUITABLE CLAIM.

Taranaki Herald, Volume XXXI, Issue 4241, 16 January 1883, Page 2

AN EQUITABLE CLAIM.

Wb understand the Trustees of St. Andrew's Church, which was destroyed by fire in August last, have at last received some notice from the Victoria Insurance Company concerning the policy for £400 effected with that Office on the building. The peculiar circumstances attendiug the insurance of the building are, no doubt, still fresh in the recollection of our readers, and also the fact that the Company repudiated all liability. They have, however, been appealed to as a matter of equity, and it was thought that the case made out by the trustees of the church was so strong that the Company would not refuse to give an ex gratia settlement of the claim. However, after many months having elapsed | before the Directors gave the matter their attention, we understand that they have come to a decision, the most extraordinary that could well be imagined. They decline to ,'grant any sum towards the re-erectionjof the building onlesb Mr. Breach, in whose name the policy was effected, withdraws his claim ! The mere fact of the church being re-built by the assistance of the company would discharge all claims; therefore, what would be gained if the claim were withdrawn ? The company, having treated Mr. Breach's claim as worthless on tho ground that he was not the owner of the property, now seek to make it an insuperable barrier to their granting a donation towards rebuilding tho church. Considering that the local agent admitted that when he accepted the proposal for insurance he did ho on the understanding that Mr. Breach was acting on behalf of the congregation, surely that establishes at once an equitable claim upon the company ! The equities in this case are beyond doubt, and from the large number of persons who signed the memorial to the Company praying that they should grant a sum of money as a donation towards the church fund, it is evident that public opinion is decidedly against the course the Company aro now adopting. Not only is this the feeling in New Plymouth, but in Auckland, Wellington, Christchurch, and Dunedin, persons who are acquainted with the facts are uaanimously of opinion that the Insurance Company would only be discharging an equitable claim by granting at least a portion of the sum insured. Tho Wellington Presbytery have acted in this matter with great kindness, not only in wishing the congregation here to succeed in erecting the church, but have actually undertaken to pay the rent of a hall until the church is built. They have also afforded other tokens of sympathy and support. At present the position of the Company is this : They received the premium and accepted the risk, and now that the building is destroyed they decline to pay, as they discover that legally they arc not responsible, although actually a religious body have lost their church. We cannot help thinking that tho Company would not lose anything if they acted with a little more liberality than they at present purpose doing. A very important principle is involved, and all religious bodies must, more or less, sympathise with the unfortunfie congregation. SUBSCRIPTIONS FOR THE PURCHASE OF AN ARTIFICIAL LEG. Some time since a man named Robert Whitton injured his leg at Ha .vera, which necessitated his having it amputated. The Hospital authorities here not having funds' to supply the man with an artificial leg, applied to the Borough of Hawera for the money. The cost of the leg is £15 15s. This amount was more than tho Borough could spare, but a. sum of £5 ss. was voted provided the balance was subscribed from other sources. Mr. Walker, of the Imperial Hotel, with a view to initiate a subscription to raise the remainder of the amount required, has handed us £1, and any further amounts we shall be glad to receive from those benevolently inclined, which we will duly acknowledge through the columns of our paper. The following is the list as it now stands :—: — Mr. W. Walker £10 0 Mr. T. King 0 5 0

Mr. H. Weston 0 5 0