GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., AND MATTHEW WATT DRYSDALE v. MIDLAND BANK, LTD., SCOFFIN & WILLMOTT, LTD., AND PLANT BROTHERS, LTD.

(1940) 66 Ll.L.Rep. 25

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Fire insurance - Fraud - Insurance of Plant Bros.' buildings and contents- Policies issued by insurance corporation and by Lloyd's underwriters - Indorsements providing that interest in policies was vested in Plant Bros., Scoffin & Willmott and Midland Bank "for their respective rights and interests" - Interest of Scoffin & Willmott limited to freehold rights in part of buildings - Midland Bank interested as debenture holders-Fire -Claim made by Plant Bros.-Loss paid by insurers, cheques sent being made payable to Plant Bros., Scoffin & Willmott and Midland Bank-Indorsements by payees, amounts being paid into Plant Bros.' account at Midland Bank-Subsequent discovery that fire was due to arson by Plant Bros.' works manager and that their claim was made fraudulently and fraudulently exaggerated - Claim by plaintiff insurers for declaration that Plant Bros., Scoffin & Willmott and Midland Bank were liable to repay amounts paid in respect of fire loss-No appearance by Plant Bros.-Liability of Scoffin & Willmott and Midland Bank-Evidence of matters leading up to settlement of fire loss-Manner of payment-Lloyd's policy indorsed by Plant Bros.: "Pay all claims to W. & M."-Payments made to W. & M., who sent own cheque to Plant Bros.-Position of W. & M. considered.