ACTION DISMISSED.

Auckland Star, Volume LXI, Issue 142, 18 June 1930, Page 8

ACTION DISMISSED.

■ INSURANCE CLAIM. JUDGMENT FOR COMPANY. Judgment was given by Mr. Justice Smith at the Supreme Court to-day in an, action between Auckland Corporation and the Mercantile and General Insurance Company,-Ltd. It was an action for a writ of mandamus commanding defendant to pay insurance moneys which were alleged to be payable under a policy of insurance in the defendant company in rebuilding premises which had been destroyed by fire. It was stated that in 1925 the plaintiffs,'as owners-of land at G, Totara Street, Ponsonby, leased it to two lessees. In January, 1927, one of them took out a .fire insurance policy- on the property for £500, and the policy wa« revived for the year 1928-29, and again for 1929-30. In July, 1929, the premises were totally destroyed by fire. Plaintiffs, a,s lessor, notified the defendant company that it required defendants to pay the" insurance money, but the company contended that in the proposal the lessee stated the property to be her freehold property, whereas she was only the lessee, and that by reason of such untrue statement the policy was rendered void Plaintiffs contended that their, claim for reinstatement was not dependent upon the rights subsisting between the lessee and the company. His Honor held that no sufficient ground had been established to prevent the defendant company from relying upon-the breach of warranty. The motion was dismissed with costs.