SMALLFIELD CASE

Evening Post, Volume CIII, Issue 101, 2 May 1922, Page 8

SMALLFIELD CASE

BEFORE COURT OF APPEAL

\ COMPANY AND £10,000 CLAIM.

'; Argument was continued, before the Court of Appeal to-day in tho case of the National Mutual Life Assurance Company, of AustTalasia, Ltd., against Lucy Smallfield, and appeal from the dggision 'of Mrjtfnstice Stringer in the Auckland Cotirt, in a claim for the payjment of £10,000 alleged to be due undsr .'a policy, on the life of the late Cecil sßofcert JSm'allfield, "h-osbaiid of"vtho re- ■ spondeiify'whb was drowned in the WaiT.kato River laefc year. The case is fully* ■■'reported on anothw page. Tie company 'appealed against the decision of the ;Judge in favour of the respondent, on ground that his Honour's, judgment '■■was erroneous •in law. Mr. A. Gray, ift.O.,' "with Mm Mf..L. T., Buwiard, apfor the appellants, aaid Messrs. H. ■H. Ostler and F A. De la. Mere for the ■respondent.

, Mr. Ostler resumed Ilia argument for ;th» respondent "this morning, on the question ■ot the amendment of the defence in which the Judge in the Court "below had decided that it' shoultl not be -admissible^ ■ .. ■ > • • • ,■ ■

; Mr. ,Ostler further contended that, the.Court decide to dismiss the appeal, his client should be • awarded Seasonable..interest on the- sum' involved •from the, .time ,the. amount, tad, fallen due. Insurance companies were able to !earn good' interest on their money and there was no doubt the' company was earning a fair rate of interest on the sum due to his client.

','■ For'the appellant company Mr. Gray Submitted 'some itemS from the deceased's balance-sheet from Ist October. 1920. to 27th January. 1921. showing the deceased had sustained a loss of £1046. In conclusion Mr Gray submitted that ihe deceased Smallfield must have known ho suffered from heart attanVs and therefore did not give true answer to a question on a material fact affecting the policy. ' ( The Court reserved' ite decision.