DEATH PRESUMED.
MAN WHO DISAPPEARED, (Per Press Association). WELLINGTON, October 4. The Court of Appeal to-day delivered judgment dismissing the appeal of the A.M.P. Society, the Colonial Mutual Life Assurance Society and the State Fire Office from an order made by Mr Justice Johnston at Wellington on June 19, 1940, granting leave to the Public Trustee to swear the death of William Alfred Joseph Suiter Montgomery, a baker, who disappeared at Ngatea on February 3, 1936. The majority of the Court - the Chief Justice (Sir .Michael Myers), Mr Justice Kennedy and Mr Justice Northcroft—expressed the view that the only proper inference to he drawn from the circumstances was that Montgomery had met his death in the vicinity of the river wharf at Ngatea, but as to how precisely he came by his death the Court was not called upon to decide. Mr Justice Blair dissented, expressing tlie opinion that there was no preponderance of evidence which justified' a conclusion that Montgomery’s disappearance was due to drowning or death, rather than to deliberate disappearance. In bis view, the proper attitude for the Court to adopt was that sufficient evidence had not been produced to justify the Court in making the order asked for,
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Bibliographic details
Ashburton Guardian, Volume 60, Issue 308, 5 October 1940, Page 7
Word Count
202DEATH PRESUMED. Ashburton Guardian, Volume 60, Issue 308, 5 October 1940, Page 7
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