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An interesting case concerning insur Knce and a racehorse's pedigree has finally bppn decided in Perth (W.A.). A Mr Campbell insured for £425 a racehorse shipped from Sydney to Fremantle, the policy describing the animal as by Marshal "Sonli out of a Si. Paul mare. The Yorkshire Insurance Company refused to pay on the ground that the horse's breeding was not as described in the policy The Chief Justice gave a verdict for Campbell, holding that the pedigree was merely descriptive matter, not material, as the animal was incontestably worth what insured for. On appeal the Fuji Court reversed this decision on tho ground that the policy warranted the truth of all statements in the policy. Then Campbell appealed to the High Cn.'U't. Mr Justice Barton held with the Full Court decision, but Mr Justices Duff and Rich, however, held that the words v/ore not warra<siy within tho meaning cf the Act, and allowed Campbell's appeal with costs, and restored the Chief Justice's judgment*

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https://paperspast.natlib.govt.nz/newspapers/ESD19141204.2.39.2

Bibliographic details

Page 4 Advertisements Column 2, Issue 15667, 4 December 1914

Word Count
164

Page 4 Advertisements Column 2 Issue 15667, 4 December 1914

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