1166 LEGAL CASES DECIDED ON
It seems that the plaintiff held bills of exchange to the amount of 38001.
accepted by J. Clark, Esq., the managing director of ¢ The European
Company.” Several bills of a similar kind had previously passed through
the plaintiff’s hands, and had been regularly paid until the bills on
which the present action was brought became due—these were dis-
honoured.
The plaintiff sought to make the other directors liable, on the ground
that the bills were accepted for the benefit of the Company, and that
the former bills had been paid out of the Company’s effects ; but not
having satisfactory evidence of the latter circumstance, he was nonsuited.
“oe .
May~Naro v. RuobE AND orrERs, K. B.
An action against the Pelican Office by the plaintiff, who had lent
two sums of money to Colonel Lyon, secured by annuity and two poli-
cies of assurance.
The defence was, that on the first occasion, to the usual question,
¢ Who 1s your medical attendant?’ Colonel Lyon replied, ¢ Mr. Guy, of
Chichester ; > and stated that he was in good health. On the second i
occasion (14th of June), the colonel stated, ¢ I have not had occasion
for medical advice since my last appearance at this office on the 23rd of :
May.” Whereas it would appear that the colonel was not in good health -
at the time of effecting the policies; and in the interval between the 16th -
of May, when the first policy was effected, and the 14th of June, the
date of the second, during which time he had stated he had not occasion E
for medical advice, he was taking the most violent medicines, and had :
been repeatedly bled to relieve him from a determination of blood to the
head. Mr. Guy had not seen the colonel for two or three years before
the periods of effecting the policies. It was contended that, if these
facts were proved, the colonel had not only concealed material facts from
the office, but had also made gross misrepresentations ; and he being in
the matter of the policies the agent of the plaintiff, the latter must stand
or fall by what the agent had done.
Witnesses were examined, and the jury found for the defendants.
Evans v. Cox anp orurrs, K. B., February, 1831.
An action against the British Commercial Insurance Company, to
recover 25007. effected on the life of Ann Elsworthy.
~ Miss Elsworthy had been lady’s-maid to the plaintiff, but had since
commenced business as a dress-maker. It was alleged that the plain-
tiff had lent Miss Elsworthy 25001. on her note of hand, besides making
further advances. The plaintiff effected the present insurance, and one
in the Globe for 700/. The objections were, that the plaintiff had no
insurable interest; that, indeed, she had received more than 25007. as
executrix under Miss Elsworthy’s will ; the latter having insured her