A TONTINE POLICY.

Evening Post, Volume LXXVIII, Issue 107, 2 November 1909, Page 3

A TONTINE POLICY.

In Banco yesterday his Honour Mr. Justice Denni&ton heard argument in the case brought by William Boyd and his wife, Mary Boyd, against the Colonial Mutual Life Assurance Society, Ltd. The question before the court arose gut of a modified Tontine policy on the life of William Boyd, issued by the society in December 1807. Mr. A. Blair appeared for plaintiff, and the Attorney-General (Dr. Findlay, K.C.), with him Mr. Gr. Toogood, for .the society. It was claimed by plaintiffs that the defendant company's agent, H. Palmer, made certain representations in writing to the effect that the cash value of the policy at the end of 20 years should be £165. Plaintiff stated he was informed at the end of that term that the surrender value of his policy was £64 12s. On behalf of plaintiff, the court was asked, that tho company bo ordered either to make good the alleged representation of £165, or the premiums — ' £109, and interest at 5 per cent. — £86, a total of £195. Mr. Justice Denniston, and a jury of four, heard the case eleven months ago. The jury then negatived fraud on the part of the defendant company or its agent as regarded certain other representations alleged to have been x made. The question before the court was as to whether the written document supplied by the company's agent and headed "good investment," was a representation which the company was bound to make good. Liability was disputed by the company which contended that the statements of the document were estimated results, and not in any way binding on the company. Judgment was reserved.