THE JOHNSTON CASE

Hawke's Bay Tribune, Volume XXIII, Issue 103, 12 April 1933, Page 5

THE JOHNSTON CASE

INSURANCE COMPANIES' APPEALS. ONE FAILS; ONE SUCCEEDS. By Telegraph—Press Association. WELLINGTON. April 12. The Court of Appeal this morning delivered resreved judgment in the joint appeals brought by the T. and G. Society and the Commercial Union Assurance Society from the decision of Mr Justice Reed delivered in an action brought against those companies by Elizabeth Ivy Johnston for £5OO and £245 10,- respectively. The Court dismissed the appeal of the T. and G. Society, but allowed the appeal of the Commercial Union. Their Honours were unanimous that the T. and G. Society, having by its own agreement agreed to abide by the decision of the Supreme Court, was precluded from appealing to the Court of Appeal, and therefore that the appeal should bo dismissed with costs. As to the appeal of the Commercial Union, the Chief Justice held that tho company must succeed on the ground Of estoppel. Mr Justice MacGregor and Mr Justice Smith held that the company was entitled to succeed because Mrs Johnston had not complied with the conditions of her policy of insurance. Mr Justice Ostler agreed with tho conclusions arrived at by the Chief Justice. This appeal was allowed with costs.