Long Fought Claim

Kawhia Settler and Raglan Advertiser, Volume XXI, Issue 1122, 14 July 1922, Page 2

Long Fought Claim

SMALLFIELD CASE GOES TO PRIVY COUNCIL Tbe Appeal Ciurt has granted leave to appeal to tbe Privy Council in tbe National Mutual Life Association versus Smallfield, beard at tbe last sitting. Seoutity was fixed al £5OO. Tbe amount involved is £lO,OOO, hi claimant being the widow ot tbe late 0. R. Smallfield, stock agent, whise death at Hamilton has already been the subject ot ooneiderabte litigation. The grouufi of the company’s applies ion was that the evidenoe tendared on behalf of Mrs Smallfield fa ted to furnish true answers to questions submitted to him on tbe proposal for insurance, and had failed io disclose matters effecting tbe risk which ought to have been disclosed. Mr Justice Stringer, in his judgment at Hamilton, refused tbe company leave to amend their statement of defence and entered judgment for Mrs Smallfield ; but the Appeal Court gave judgment by twq to one for appellant admitting the new defence.