LADY v. LIFE INSURANCE CO.

Mataura Ensign, 27 September 1913, Page 3

LADY v. LIFE INSURANCE CO.

WELLINGTON, Sept. 2'3. | At the Supreme Court to-day Mr Jus-1 tice Chapman delivered a lengthy judg-j ■inent in a case in which. Mary Ellen j Miicurthy, widow of the hit;- Mr T. G. I .Macarthy. sought t:> recov'' fr:;nW'>-> 10s as a year's premium paid by her on: a policy of £IO,OOO on her life, the com- 1 pany later declining the risk. The facts of the case were that Horace George Mutter, agent for the plaintiff, negotiated with the defendant company to'ir.sure Mrs Macarthy's life for the fvv,- specified. The company agreed_to \-,-hat it alleged was a. conditional policy, and paid Rutter £2OO as commission. It admitted that £132 10s was .still owing, so the claim was really for only £2OO. It was held bv the defence that the £2OO paid was on Mrs Macarthy's behalf and belonged to her. Mr Butler contended that the amount was commission' for a fully-accepted risk. The judge held that defendants had not established their case, and gave judgment for plaintiq with costs as per scale and witnesses' expenses.

BRISTOL AND DOMINIONS CO. WELLINGTON. Sot. 26. The first meeting of the New Zealand Board of Control of the British and Dominions' Producers' Association was held to-day. Mr W. D. Lysnar presided. . '

Eighty-six applications were received for the position of New Zealand manager. These were reduced to five, from whom a selection' will be made. It was reported that the Federal Houlder Shire line was prepared to supply the necessary tonnage if given time to get the boats- into New Zealand waters. It was decided to ascertain from all members of the- association and other likely shippers what space would be required during the coming season, so that arrangements can be made according for boats. It was decided that the head office be in Wellington, and that full current advances be made on produce consigned fo rsale.

A TRAMWAY ACCIDENT. AUCKLAND, Sept. 26. The adjourned inquest concerning the death of a little child named Dorothy Griffin, aged three years and seven months, who was knocked down by and pinned under a tramcar on Dominion Road on September 18, was resumed today. | Percy Miller, motorman, said that he saw the chTld on the road near the water-table, but when he noticed that she was nearing the track he applied the emergency brake and she was hit by the edge of the buffer and thrown under the back bogey. The car was going at from 12 to 15 miles an hour and he pulled up as promptly as possible. The coroner returned a verdict to the effect that death was caused by, shock due to injuries through being accidentally struck by <a tramcar. He added that some evidence had been given as to the advisableness of carrying jacks on tramcars to obviate delay in case of accidents. In the present instance the delay that had occurred had not influenced the death of the child. The objection to Hie carrying of jacks was not appar- ' en!; to the lay railtd, and on the evidence he was not in a position to ex ';.mvv» .ir 'opinion.