MONDAY, DECEMBER 11, 1889,

An insurance oase haa recently been tried before the Supreme Court o! New South Wales, and the judgment given is one of some interest to the public. It appears that the Phoenix Asauranoe Company of London has agents in Sydney acting under a power of attorney, giving them certain denned authority in signing polioies, and these have agencies in the various townships in the co|ony. The plaintiff in the case was an hotel keeper aft Broken Hill, and he signed a proposal form for the insurance of the build** ing for £3000, gave a cheque for the premium, and obtained a receipt containing a statement that the Company had aooepted the risk, and that the policy would be dated from a subsequent -.specified date. The oheque was sent to the Sydney agents, Jwho telegraphed back fox the proposal, bat this was not seat to them. Thereupon they telegraphed again to their Broken Hill agent that they would not be liable until they bad received it. Two months subsequent to the payment of the premium the hotel was burnt down. The plaintiff, fully believing himself to be insured, applied for tbe money, but it was refused, whereupon he sued for it. Evidence wag adduced for. the cleteadan fetbaj

the local agent had power only to reoeive proposals and (o trammU them to Sydney tor acceptance or rejeotioa, nor was the receipt he gave an interim receipt such as the Sydney agents would have given pending the preparation of the policy. Tho Court held that whilst the local agent had no power to bind the Company by a contract, there was no evidence ol an express contract on the part of the Sydney agents by whioh the Company wou'd be bound, the Court pointing out that it would never do to make the principal liable where the agent exceeds hia powers. The plaintiff was no doubt satisfied tbat the local agent's receipt was sufficient for his purpose, but he has been rudely undeceived, and at the cost of £3000 has learnt the lesson that he should have been oareful to secure the polioy whioh alone would, under tho oiroumßtanoes, have en., titled him to reoeive his money. 