INSURANCE CLAIM

New Zealand Herald, Volume LXXVI, Issue 23269, 11 February 1939, Page 19

INSURANCE CLAIM

PROCEEDINGS TO LAPSE ACTION BY TRUSTEE COMPANY [BY TELEGIIAPn —PUKSS ASSOCIATION*] CHRISTCHURCH, Friday Proceedings brought by the Perpetual Trustees Estate and Agency Company, Limited, as trustee of the estate of Ernest Ackerman Smith, late of Lincoln, farmer, for recovery of £2OOO under an insurance policy with the Colonial Mutual Life Assurance Society. Limited, has been discontinued by the trustee company. The defendant insurance company has agreed to pay the plaintiff company's costs of the first hearing. When the claim was originally heard in the Supreme Court the jury brought in a verdict for the plaintiff company. Proceedings were subsequently brought to have this verdict set aside or Judgment. entered for the defendant company. Mr. Justice Xorthcroft made an order granting a new trial on the grounds of the discovery of fresh evidence. The new trial was to have taken place at the Supreme Court session this week. The original trial began on October 28, and the retrial was granted on November 18. The case, which concerned Smith's state of health when lie took out the policy, attracted considerable attention throughout the Dominion.