DISTRICT COURT.

Thames Star, Volume XI, Issue 3490, 2 March 1880, Page 2

DISTRICT COURT.

THIS DAY.

(Before J. E. Macdonald, Esq., Diatrict Judge.) His Honor took his seat at 10 a.m. IN BANKRUPTCY. BE HEN BY FLETCHER. Mr Brassey applied for Bankrupt's discharge. The trustee's report was favorable, and there being no objection, the order was granted. RE W.-H. CBICK. Mr Brassey applied for Bankrupt's ! discharge. There was no objection, aud an order was granted. RE W. JOHNSON. * Mr Brassey applied for Bankrupt's discharge The report of the trustee showed that debter was a teacher, and had arrears of salary owing to him by the Board of Education, which, if obtained would be divided amongst the creditors. No opposition. Order of discharge granted. Undefended Cash. j. Thompson v. h. 8. burnin&ham. Claim £76, wages due and goods supplied. Mr Miller for plaintiff. Defen dant did not appear, judgment for plaintiff with costs £4 17s. Defended Cases. m. dbiscoll y. Norwich union inSURANCE CO. Claim, £50, damages for non-payment of amount of insurance policy. Messrs Tyler and Miller; appeared for plaintiff, and Messrs Hesketh aud Brassey for the defendants.

The following jury was empanelled :— Bichard Wiseman, George Wayte, G White and J. Wilson.

Mr Tyler opened the case, saying the main issue for the jury to decide was: Did the plaintiff or did he not pay the renewal fee. If he did, he wasentitled to recover the £50 claimed. If he did not, he would not be entitled to recover.

At this stage all witnesses were ordered out of Court on the application of Mr Hesketh.

Mr Tyler then proceeded to slats the case as given in evidence below.

W. T. J. Bell, sworn, deposed—-I am general agent for defendants in this action. I know Mr Vernon. He is our sub agent on the Thames, and was so in December last. Part of his duties are to receive renewal premiums". "I remember receiving a letter from Mr Miller on behalf of plaintiff, demanding the insurance m uey on plaintiff's premises, which had been ''bitnit'. (Letter read.) Mr Miller had spoken to me on the matter previously. I said if he could satisfy me that^tbe renewal fee had been paid I would give him acheque. I wrote to Mr Miller again on the 9th January, stating that Mr Vernon had not received the renewal fee, and failed to see that Driscoll bad any claim on the company. I received no communication from Vernon re Driscoll's matter from 15th December to January 3rd. If Mr Vernon receives money for renewal, I hare the option to returning it or not. I hare done this Often since Mr Vernon became agent. I hare Mr Vernon's receipt book for December. The duplicate receipts of this book were received by me in due course—some much later than others. This is in consequence_of the money not being received. It is quite c.-mmon in fire insurance business to tjive tlte receipts before the money is paid. DrisicoU's policy expired ou 17th December, at four o'clock in the afternoon. I instructed Mr Vernon never to give a receipt till he got the money. During December Vernon informed me of the expiry of two policies. Iv receiving renewal fees Vernon at once banks the money to the credit of the company, and it canuot be touched except by my cheque. During December there was some confusion in the receipts, aud Vernon received a letter about it. It was never submitted to my option whether I should renew DrisooU's policy or not.

By Mr Hesketh—-The first communication I received re Driscoll's was a teleuratn—the letter dated January 3rd came afterwards. I have the letter.

Mr Tyler objected to it being read, but the objection, was overruled. (The letter was read announcing the fire at Driscoll's. The writer stated that he had not renewed tbe policy ) I produce the butt of Mr Vernon's receipt book for December. (Receipt book put in) I have no knowledge of a payment by Driscoll. M. Driscoll, sworn, deposed—l am the plaintiff, and prior to January 3rd I owned a store at Moanatairi Creek. Prior to the 17th December last my store was insured by the defendants. (At this stage a long discussion ensued between Mr Hesketh and the counsel for tbe plaintiff concerning the production of the policy.) Examination continued i The policy was destroyed at the fire, The policy was renewed on the 13th December. On my return from work Mrs Driscoll showed me two receipts from the Norwich Union Co, The receipts were destroyed with the house. The receipts were post-dated to the 17th Deer., printed on white paper about the size of my hand. I was in Auckland at the time of the fire. On the morning after the fire I went to Vernon's house. He said, " It's a bad case of yours Driscoll." I said "yes." He said, "Did you get the repejpts." f said, " How could I get the receipts when they were burnt." He then said he had written for lne money to the head office. Mrs Driscoll attended to the store during my absence, and kept the money received, paying the accounts. An inquest on the fire was held gome time afterwards. I was present, and SQ was. Vernon. Vernon in his evidence stated first that he had received no money from Mr* Driscoll, but when she cross ex-

amined him, he admitted taking the money, but said he handed it back. The amounts on the receipts were £1 10s and the other £4 17s.

(The Court here adjourned till two o'clock.)

On resuming — By Mr Heskcth—The policy and receipts were in a drawer in a chest of drawers. I kept money and other papers in this drawer, and my wife had the key. The receipts were dated the 17th December. There was printing on them. I think the receipts were smaller in size than the former ones. I cannot say if the receipts were signed by my wile. My wife did not tell me the sort of money she paid Vernon with. The proposal is signed by me. I know Mr Forgie of Pollen street, and remember him coming down in the steamer the day after the fire. I do not remember having a conversation with, him about the fire. _ I did not say to him " you see Mr Forgie, I do not know how my .policy is for being run out. I had no conversation with Porgie at Mr Hetherington's after the fire about the fire. I-know Thos. Dunlop. I owed him from £10 to £20, and I did not promise to pay him if I won this action. I did nol tell Dunlop I would give him £20 for this insurance job. I believe I sold Dunlop a pig after the fire. I gave him two sums amounting in all to £4. At the time of the fire my wife had £70 or £80 in the drawer, and it was all destroyed. Shortly before the fir.? I did not tell Porgie that I had no money till the County Council paid me. Other creditors were pressing me after the fire.

Eliza Driscoll, sworn, deposed—l am the wife of the last witness. Early_in December Mr Vernon came to me to give me notice that the policy would lapse on the 17th, and he came again on the 15th and said he could take the money. Mrs Hetherington was present, having ju«fc paid me £1 on her account as she was dealing with me. I paid the policy money in her presence. [Left Sitting.]