CIVIL SITTINGS.

Nelson Evening Mail, Volume X, Issue 10, 12 January 1875, Page 2

CIVIL SITTINGS.

[Before his Honor Mr. Justice Richmond.] YESTERDAY. Wymond v. National Insurance Company. Mr Conolly having opened the case for the defendant) called Francis Henry Pickering, who said: For some years I had the management of the New Z3aland Insurance Company's business under Messrs Curtis Brothers. I then went to Mr Stavert's, and managed the business lor the National Insurance Company. The process of insuring is that we receive an application, and, if we approve of it, issue an interim policy and then forward the application to the head office at Dunedin. By the return mail the manager generally confirms the application. Wymond's was among the first batch of policies, which were not returned for some time. The policies are always sent to us, and not to the insurers. If any alteration occurs in the risk between the application and the receipt of the policy I endorse the interim policy. With reference to this particular policy, I first saw Mr Wymond on the 4th February. He was in his place of business. I said, Stavert tells me you want to see me about insurance." He bad at that time two policies, £1000 on the Btock, and £400 on the furniture. He said I am removing my furniture to Trafalgarstreet, and I want the insurance on it transferred. I replied, " All right, we must pub it in the policy," and then corrected myself and said, But you have not got the policy, so we will put it on the interim policy. The interim policy was not forthcoming. He then asked how it w.as to be done. I told him he must give (is a letter stating the required alteration, and I would undertake to hold it as good as an endorsment. He replied that he did not know what sort of letter to write, so I wrote one for him. After writing it, Wymond remarked that the construction and situation of the house wa9 not described in the letter, so I added a postscript. Having previously B'gned the letter he initialled the postscript. There was something raid about a rebate. There was to bs an insurance on his new house, and the rebate was mentioned. We were to credit him with the difference on effecting the new insurance. I never heard from Mr Wymond anything about £100 worth of furniture being removed. He did not object to sign the paper, because it stated that the furniture had been removed, when it actually had not. He made no o-her objection than the one I have already stated. I did not know whether any of his furniture remained in Bridge-street. I did not instruct Mr Wymoni that when the balance of the furniture was removed he was to give me notice. I clearly understood that the risk was transferred to Trafalgar-street. Ido not remember seeing Wymond any. more until the fire happened. I remember Wymond coming to the office with Mr Maclean after the fire, aad demanding the policies. I declined to give theni the furniture policy at once, on the ground that they ) ad no right to it. I said I had a letter which transferred the insurance to Trafalgar-street. Ido not recoil ci Stavert being present. I certainly never told Stavert that the furniture was still in Bridge-street. I had no idea that it was anywhere but in Tratalgar-street. Wymond said he had lost furniture in the fire, and that he knew he could not legally recover, but thought it was a matter for the considerati not the Directors. I told him if he wou'd state his case in writing we would forward ifc 1o tbe Directors. This was done. The letter from Wymord, I think, must have been received on the 14th April, as it so annoyed Stavert that he replied to it immediately. Cross-examined : I remember being in A dams & Pitt's ofiica on the evening of the 9th April. I waited until the cluims for alock and furniture were made out Tbe p l;cies were put away in the safe where they had teen since the 25th March until after the flre. Wymond's claim was forwarded to Dunedin en the 15th April. I do not recollect Stavert being present when Mr Matleaa and Mr Wymond came after the fire. I was not present in December at any conversation between Stavert and Wymona about insuring the house and furniture. I first heard about the proposed insurance on the houite in February. On the 4th Februnrv I first got the idea that Wymond was transferring his rij<k to Trafalgar-Street. t first expressed the idea on the I fit April. Ie was the reason I gave for not giving up the po'.iry. Between the 4th of February and the 25th March I had not communicated the transfer to Dunedin. Be-examiaed : Looking to the fa«t that Wymond's letter was not answered until the 15th, and was forwarded to Dunedin on the same day, I co not think that it could have been received on the 9th. By a juror: It is the practice of the National Insurance Company to keep a record of endorsements. There is none of this one, as there was no policy to endorse. A. H. Jack : I am manager of the National Insurance Company. I was previously manager of the Victoria C ompany. The agents throughout the colony receive proposals and commit; us to risks. We receive the i roposals »t the head office, and issue policies in the ÜBual way. Tho policies are forwarded to the agents for delivery to the assured. In this case the proposal whs sent in October, and the policy forwarded in March. Had Mr Wymond been in Dunedin between those dates I should not have given it him if he had demanded it. I should not have known what alterations had been made here Ab a rule alterations in policies are reported at the end of the month ia which they are made. The sanction of the head office is not required. Council haviDg spoken on both sides the Judge summed up, and the jury, after a short absence, returned with a vtrJict. for the plaintiff for £400 and interest.