A DRAPER'S FIRE
CLAIM AGAINST INSURANCE COMPANY.
A new trial of an action between James Lang, draper,' of ..Wellington, plaintiff, and the New Zealand Insurance Compay, Limited, was commenced in the Supreme Court to;day before a special jury. Mr. Justice Ostler was on the Bench. When the case first came before the Court, the jury found averdict for the plaintiff for the full amout. From that the defendant company applied for a new trial on the ground that the verdict was against the weight of evidence. The new trial was granted by the Supreme Court, and from that judgment the appealed to: the Court of Appeal,'which dismissed:■ the appeal; ■ The plaintiff 'g-statement was' that by a contract made at Otakion 16th December, 1922, the defendant. company granted to him an insurance against fire in the sum of £750 on draper's stockinrtrade. It was further stated that the plaintiff was then, and at the time of the loss, interested in the stock-in-trade to the amount of that insurance. On 18th December, 19,22, the. stock-in-trade was totally .destroyed by ifire,1 and the plaintiff Vloss exceeded £750. It was claimed that the plaintiff had performed the contract on his behalf, and that the £ 750 was' payable by' the defendant. The -plaintiff claimed •' according^ ' ■' . .-:•.'.. ■' j The defendant company denied that the plaintiff's interest in the stock of trade was £750,' and that that amount was payable by the company. The defence further set out that at the' time of the proposal and of the contract of insurance,' the plaintiff was not the owner of the goods. In accordance with the conditions of the policy, the company claimed that it was not liable under the contract of insurance by reasons of misdescriptions on the part of the plaintiff. Mr. R. Kennedy, with him Mr.: Heine, appeared for the plaintiff, amd Mr. H. F. Johnson, with him Mr. C. A. L. Treadwell, represented the defendant. . This afternoon the Court is engaged in hearing evidence. ,
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19261216.2.97
Bibliographic details
Evening Post, Volume CXII, Issue 145, 16 December 1926, Page 10
Word Count
328A DRAPER'S FIRE Evening Post, Volume CXII, Issue 145, 16 December 1926, Page 10
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