APPENDIX TO CHRONICLE. 



SO.I 



that the plaintiff knew these facts 

 when he proposed the insurance : 

 that the insurance was obtained by 

 false representations and false cer- 

 tificates ; and that, under these 

 circumstances, the guarantee, on 

 which the policy was founded, pre- 

 cluded all recovery. 



It appeared in evidence, that the 

 insurance was first proposed by Mr. 

 Dunne to Mr. James, the com- 

 pany's agent in Dublin, in Novem- 

 ber, 1810; and that a hint was at 

 that time given to Mr. James, by 

 a IMr. Rawson, that Mr. Medli- 

 cott had a disposition to drink 

 freely of wine. This hint Mr. 

 James communicated to the of- 

 fice, when he transmitted Mr. 

 Dunne's proposition, and the in- 

 surance was declined by tlie di- 

 rectors. 



In March, 1811, Mr. Dunne of- 

 fered a new proposition to Mr. James 

 for the insurance of Mr. Medlicott's 

 life, expressly declaring to Mr. 

 James, that Medlicott's habits had 

 become correct, and that his health 

 was perfectlygood; and Mr.Dunne 

 procured, and delivered to Mr. 

 James, certificates attesting Med- 

 I licott to be at that time, in sound 

 health, and free from habits tend- 

 ing to shorten life, subscribed by 

 Dr. Robert Johnston, of Athy, and 

 Thomas Fitzgerald, esq. of Gerald- 

 lodge, in the county of Kildare. 



Mr. James made a further en- 

 quiry of Mr. Rawson who had 

 eiven the former hint; and Mr. 

 Rawson's statement then corre- 

 sponded with that given by Mr. 

 Dunne. Mr. Medlicott also called 

 at Mr. James's office, and Mr. 

 James did not perceive any symp- 

 toms of ill health in his appearance. 

 Under these circumstances, Mr. 

 James was induced to transmit the 



new proposition to the office in 

 London ; and the directors on the 

 faith of the representation and cer- 

 tificates then oft'ered, agreed to 

 accept the insurance. On other 

 testimonials, equally strong, and 

 also subscribed by Dr. Johnston, 

 the directors were induced, shortly 

 afterwards, to accept the insur- 

 ance of 700/. proposed by Mr. 

 Hyland. 



Mr. Dyas, apothecary in Castle- 

 street, deposed, that he had long 

 known Mr, Medlicott. In May, 

 1811 (one month after the in- 

 surance), Medlicott was in Dublin, 

 and laboured under illness, pro- 

 duced by an obstruction of the 

 liver, brought on by habits of ex- 

 traordinary excess. Mr. Dyas at- 

 tended Medlicott on that occa- 

 sion. In July, 1811, he was again 

 required to attend Medlicott, at 

 Monkstown, near Dublin, where 

 he had become alarmingly ill frotu 

 the same cause. Mr. Dyas then 

 recommended that further advice 

 should be taken. Surgeon Car- 

 michael and the late Dr. Toole 

 were called in ; both of whom 

 agreed with Mr. Dyas, in con- 

 sidering Medlicott's liver diseased. 

 Mr. Dyas was of opinion that, in 

 May, 1811, when he attended 

 Medlicott in Dublin, the liver 

 disease must have existed for some 

 time. He would not then have 

 certified Medlicott to be an in- 

 surable life ; nor was it probable 

 that he would have done so in 

 April, 1811. MedHcott's habits 

 of intemperance were of the most 

 inveterate description. 



Surgeon Carmichael proved,that, 

 in July, 1811, he was called in to 

 attend Mr. Medlicott, at Monks- 

 town, together with the late Dr. 

 Toole ; that he and Dr. Toole wei'e 



