Pontifex v Bignold
| Jurisdiction | England & Wales |
| Judgment Date | 08 May 1841 |
| Date | 08 May 1841 |
| Court | Court of Common Pleas |
English Reports Citation: 133 E.R. 1058
IN THE COURT OF COMMON PLEAS
S. C. 3 Scott, N. R. 390; 9 D. P. C. 860; 10 L. J. C. P. 259.
[63] pontifex v. bignold. May 28, 1841. [S. C. 3 Scott, N. E. 390; 9 D. P. C. 860; 10 L. J. C. P. 259.] Case lies for false representations as to the affairs of an insurance company, whereby the plaintiff was induced to effect an insurance with the company, although no actual pecuniary damage has been sustained, beyond the payment of premiums.-In an action for misrepresentation as to the proceedings of an insurance company, the declaration set forth several rules and regulations of the company, and alleged that the defendant fraudulently represented that these rules and regulations had been complied with, knowing the fact to be otherwise. A plea,-stating that these rules and regulations had been so fully complied with as was necessary for the main- (a)1 Ante, vol. i. p. 568, 853; and see Lynch v. Nwrden, 1 A. & E. New Ser. 29. (a)2 No action would lie against the owners of the " Eamona," if it appeared that, notwithstanding any wrongful act on their part, no injury would have resulted to the plaintiffs but for the subsequent wrongful act of the defendants. The view of the case thus taken by the jury would, therefore, exclude the plaintiffs from recovering an adequate indemnity for the wrong and injury which they had sustained. The leave to move to enter a verdict for the defendants appears to have been founded, less upon any question of liability as between the " Eamona" and the "Water Lily," than upon the question of liability as between the latter and the damaged barge, improperly stowed, and insufficiently navigated by a drunken man and a boy. As to the admissibility of the defence under the plea of not guilty, see vol. i, 570, n. 3 MAN. & G. 64. PONTIFEX V. BIGNOLD 1059 tenance of the company, and of such insurances as had been, or might be, effected,- was held bad. Case. The declaration stated, that before the committing, &c., to wit, on the 1st of July 1808, a certain publication had been printed and published, purporting to be a copy of a certain deed bearing date the day and year aforesaid, and purporting to contain, among other things, a recital, from the deed, that the public having derived great benefit from the establishment of a society known by the name or style of the Norwich Union Society, formed for the purpose of insurance of houses, buildings, goods, merchandizes, and effects from loss or damage by fire, and that it appeared from mature consideration, that many advantages and great benefits might arise, and be secured to great numbers of persons in particular situations of life and circumstances of fortune, from the establishment of a society, to be composed of such persons as should be qualified and willing to become mutual contributors for equitable insurance on lives and survivorships, upon premiums proportionate to the chance of death attending the age of the life to be insured, and to the time for which such insurance was to be continued; and for granting and selling annuities for life or lives for a gross sum in hand paid, and that it was then further stated by the said indenture, that the parties whose names and seals were thereunto subscribed and affixed, being willing to procure, every of them to themselves respectively, or to their several and respective executors, &c., and to insure to others who should unite themselves [64] with them, the advantages and benefits that might arise from establishing themselves into a society for effecting equitable insurances on lives and survivorships, and for granting annuities, did thereby covenant, every of them for themselves respectively, with all and every the others of them, to become, by mutual contributions, insurers on lives and survivorships, and grantors of annuities, and to become members of, and to enter and erect themselves into, a society by the name of the Norwich Union Society, for insurances on lives and survivorships, and for granting annuities, upon such terms, premiums, and conditions, and under such constitutions, laws, rules, and regulations as should be thereafter in the said indenture expressed, declared, or provided for, and for such time and term to continue members thereof as should be signified in the policies of insurance to be made out and delivered to every of them respectively; and that for the better establishing their said society, and governing and regulating the same and the proceedings thereof, and the more effectually to make provision for producing and securing to them the several beneficial ends and purposes thereby intended, the subscribers to the said indenture severally covenanted, every of them, for themselves respectively, with all and every the others of them, to observe, perform, abide by, conform to, fulfil, and keep all and singular the articles, clauses, provisoes, powers, conditions, laws, constitutions, ordinances, regulations, and agreements thereinafter contained, and, amongst others, the following; that is to say-Thirdly: That, for the more orderly and effectual management of the affairs of the said society, there shall, during its continuance, be twenty-four members of the said society who shall be directors thereof, and shall so continue during the subsistence of their respective policies, or until they shall die, resign, or be removed; and that the trustees of the society, to [65] be chosen as thereinafter mentioned, shall have power, from time to time, to choose additional directors, as and when such trustees shall see occasion, and shall also choose new directors to supply such vacancies in their number as shall, from time to time, occur by death, resignation, or otherwise. Fifthly: That any twelve or more of the said directors (except in case of any contagious sickness, which is hereinafter particularly provided for) being assembled together in consequence of an advertisement to be inserted in both the Norwich newspapers, for two successive weeks, in the place appropriated to, and generally used for, that purpose, shall be called a court of directors of the said society, which court shall meet some time in the month of December in every year, and oftener, if it shall be found necessary, to receive and examine the statements of the affairs and transactions of the society, which shall be then laid before them by the secretary of the society; that such court of directors, by and with the assistance and advice of the secretary for the time being, shall order and direct all the affairs of the said society, according to the rules, ordinances, and regulations therein particularly mentioned, or according to such by-laws, regulations, or ordinances as shall, at any time or times hereafter, be made by a general meeting or general meetings of the society. Sixthly: That for facilitating and dispatching the 1060 PONTIFEX V. BIGNOM) 3 MAN. & G. 66. business of the society, six of the directors shall constitute a committee of directors ; but that no director shall be a member of such committee unless he shall be insured, by and with the society, in the sum of 1001. or upwards, upon or for the whole duration of life; and that the committee shall meet weekly at the house or office of the society, on any day that they may find most convenient, and shall attend such weekly meetings without any summons or notice; that the committee, at any such weekly meeting, consisting of not less than three members, shall [66] have power to receive the applications of all persons desirous of becoming members of, and effecting insurances, with, the society, or of purchasing annuities of them, and also to propose and settle the rates of premium to be demanded for the insurance of lives and survivorships, and to make such alterations in the same as shall be thought necessary; and also to determine the requisites and qualifications necessary to be found in those whose lives shall be proposed to be insured by and with the society, or who shall propose to purchase annuities of the society, and to direct the form and method to be observed in making the proper and necessary advance in the premiums of insurance which ought, for the security of the society, to be taken when the occupation or other circumstances attending the person whose life is to be insured, shall appear more hazardous than common, and, as such committee shall see cause, to admit or reject the same; and that the said committee shall have power to sign, execute, and issue any policy of insurance or grant of annuity, to order investments of the funds of the society in the names of the trustees, or any four of them, and to manage and transact all other usual and customary business of the society; that...
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