A claim by a Harbin merchant and his wife, A. and T. Nastashevsky, against the Far Eastern Insurance Ca. was the subject of an appeal in the Supreme Court on Monday, heard by his Honour Judge Sir Skinner Turner and his Honour Judge Grain, sitting as the Full Court. The case, originally heard by Judge Grain, was a claim for G. Y. 40,827 on a policy of insurance on goods destroyed by fire at the plaintiffs' Harbin factory, and defendants alleged forfeiture of the benefits of the policy by reason of breach of a stipulation in the policy as to the place where books should be kept; further, that plaintiffs made a false declaration relative to the value of the goods. His Honour found that there had been both, a breach of the policy and a false declaration of values and gave judgment for defendants, with costs. The sum claimed was the amount awarded to plaintiffs in an arbitration before Mr. A. Blackburn.
Mr. Tycho Wing appeared for appellants and Mr. R. N. Macleod for respondents.
In setting forth the facts of appellants' case, Mr. Wing said that a fire occurred on the premises carly in 1921 and respondents paid a certain amount on the policy, which was then reduced by the amount paid. Some time later a great fire broke out in Harbin. It did not originate appellants' premises, but, fanned by an unfavourable wind, it completely destroyed these premises, together with the stock-in-trade and plant. After a good deal of negotiation, an agreement was come to submit the matter to arbitration, respondents paying a certain amount with respect to buildings and household effects, but disputing the claim respecting stock (on the grounds above stated).
The case was argued at some length by Counsel, and the Court adjourned.
Text read from the printed page and cleaned; old type leaves the occasional error.