Reports of Cases Tried in the Jury Court Volume 4; From the Institution of the Court in 1815, to [July, 1830] ... (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 Excerpt: ... questions are answered in such a 3 way as to amount to misrepresentation or not, Promoter Life,," . Insurance Co. and whether the concealment was such, that if v. the facts proved had been disclosed, the life Prostatites would not then have been insured? I shall not state my opinion on the evidence now, but I feel more anxious on this subject, as a delicate question arose on a rule of evidence peculiar to Scotland. (The jury here intimated that their minds were made up.) I wish you to be aware that, in a life assurance, if there is an existing disease at the time the policy is granted, it is like the case of a ship not being sea-worthy in marine insurance; but here the case is rested on representations made by persons competent to make them, who state, that Barrie took a glass of grog, but was not otherwise intemperate, and he denied to Dr Ballingall that he was intemperate, which, as well as the certificates, is a fact for your consideration. It was said he had the habit of drinking whisky, which must mean undiluted, but the pursuers do not bring the highest evidence, as there is only one witness who speaks to his drinking one or two glasses of whisky on one occasion; and though it was proved that he went into other shops where spirits are sold, no one was brought from these shops to prove Barrie's RePresentatives. Promoter Life his having got spirits. This is important evi Insurance Co.. %, ., dence in favour of the conclusion to which you have come; but there is other evidence to balance, and though you judge of the fact, it is important that you should be in possession of the views of the Court, as so much law has been stated. The other witnesses do not speak of spirits, but mention generally the smell of spirits, and that he took grog at noon....