ACTION DISCONTINUED
CLAIM FOR INSURANCE FIRM TO PAY COSTS (Per Press Association.) CHRISTCHURCH, this day. Proceedings brought by the Perpetual Trustees Estate and Agency Company, Limited, as trustee of the estate of Ernest Ackerman Smith, late of Lincoln, a farmer, for the recovery of £2OOO under an insurance policy with the Colonial Mutual Life Assurance Society, Limited, has been discontinued by the trustee company. The defendant insurance company has agreed to pay the plaintiff company's costs of the first hearing.
When the claim was originally heard in the Supreme Court, the jury brought In a verdict for the plaintiff company. Proceedings were subsequently brought to have this verdict set aside or a judgment entered for the defendant company.
Mr. Justice Northcroft made an order granting a new trial on the grounds of the discovery of fresh evidence. The new trial was to have taken place at the Supreme Court session this week.
The original trial began on October 23 and the retrial was granted on November 18.
The case, which concerned Smith's state of health when he took out the policy, attracted considerable attention throughout the Dominion.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/PBH19390210.2.186
Bibliographic details
Poverty Bay Herald, Volume LXVI, Issue 19860, 10 February 1939, Page 14
Word Count
187ACTION DISCONTINUED Poverty Bay Herald, Volume LXVI, Issue 19860, 10 February 1939, Page 14
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