Allegations of Fraud: Judgement for the Insurance Company At H.M. Supreme Court on Thirs-day, his Honour Judge Skinner Turner gave his decision in the action brought by Tang Yih-shi (carrying on business as the Dab Foong Silk Filature) against the British Dominions General Insurance Ca.
Plaintiff claimed Tls. 2,567.39, the proportion due from defendants of the amount found to be the loss or damage suffered by plaintiff and occasioned by fire at his silk filature at No. 265 Shangh Yee Chiao Road, Shanghai, on October 2 last. It had been agreed between the parties that plaintiff's claim against the Norwegian Lloyd In-' surance Ca, should stand or fall on the result of this action.
Mr. M. Reader Harris appeared! for plaintiff and Mr. H. Lipson Ward for defendants, His Lordship, in giving judgement, said: This case has caused me a considerable amount of anxiety; any charge of fraud must necessarily do so, especially where a Judge sits alone. In deciding this! case it is of the first importance to} note what the issues are, and where the burden of proving them lies. Here the sole issue is fraud in the claim as presented by the plaintiffs: and that has to be proved by the defendants. They have raised this issue and they must prove it: they must show that which leads to a conclusion as to the truth or falsity of the issue before me. If the defendant: fails to prove "fraud," he loses his case; he may fail by the weakness of his own or by the strength of the plaintiff's case. Let me turn to the facts; a fire took place in the plaintiff's silk filature on October 2, 1920, and property was lost or damaged which was covered! by insurance policies, one of which had been issued by the present) defendants. I understand my decision here will. govern the action of another insurance company—not British—also concerned. The;
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