Rushbrooke v O'Sullivan and Hibernian Fire & General Insurance Company Ltd

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1926
• Docket Number: (1924. No. 11,853.)
• Date: 01 January 1926

Supreme Court.

(1924. No. 11,853.)

Rushbrooke v. O'Sullivan and the Hibernian Fire Insur. Company.

WILLIAM HENRY RUSHBROOKE

Plaintiff

DENIS O'SULLIVAN and THE HIBERNIAN FIRE AND GENERAL INSURANCE Co., Ltd., Defendants (1)

Practice - Discovery - Claim of privilege - Affidavit - Identification of documents - Order XXXI, Rule 13, of the Rules of the Supreme Court,1905.

Appeal from an order of Johnston J., dated July 28th, 1925, directing the defendants, the Hibernian Fire and General Insurance Co., Ltd., to make a further and better affidavit of discovery.

The plaintiff, William Henry Rushbrooke, was the lessor, and the defendant, Denis O'Sullivan, was lessee of a dwelling-house and premises in Cobh; and one of the conditions in the lease was that the lessee should insure and keep insured against damage or loss by fire the buildings on the premises in a sum not less than the full value thereof in the joint names of the lessor and lessee; and, in case of destruction or damage by fire, should forthwith lay out the whole of the money received from the insurance in or towards rebuilding or repairing the premises. The defendant, Denis O'Sullivan, effected a policy of insurance in the joint names of himself and the lessor with the defendants, the Hibernian Fire and General Insurance Co., Ltd., for the total sum of £5,350, whereof £3,470 was appropriated to cover

the risk of destruction by fire of the leasehold premises, and the balance was in respect of the contents of the premises. On August 13th, 1923, the premises were destroyed by fire; but the defendant, Denis O'Sullivan, had not laid out the insurance money in or towards the rebuilding or repairing of the premises.

The plaintiff claimed a declaration that the defendants, the Hibernian Fire and General Insurance Co., Ltd., held the sum of £3,470, portion of the sum of £5,350 payable under the insurance policy effected by the defendant, Denis O'Sullivan, as trustee for the plaintiff; also an order that the defendant, Denis O'Sullivan, do expend forthwith the moneys receivable by him under the policy in respect of the buildings in and towards the reinstatement of the premises.

In his defence the defendant, Denis O'Sullivan, averred that as the result of negotiations between his solicitor and Messrs. Walter Hume and Co., acting as agents for the defendants, the Hibernian Fire and General Insurance Co., Ltd., it was agreed that a sum of £3,175 should be paid to him in full satisfaction of his...