SUPREME COURT CASES.

Taranaki Herald, Volume LXVII, Issue 16455, 6 June 1919, Page 3

SUPREME COURT CASES.

AN INSURANCE CLAIM. Per Press Association. CHRISTCHURCH, June 6. At the Supreme before Justice! Herdman and a special jury of twelve* the Public Trustee, as executor in the estate of the late Edward Creighton, proceeded against the National Mutual Life Association of Australasia for £597 10s. Mr. Alpers, with him Mr. H, Barton, appeared for the Public True* tee, and Mr. M. J. Gresson, with hint Mr. K. M. Gresson, for the defendant company. Mr. Alpers said that the case was aj claim for the payment of a life insurance policy amounting to £6OO, with accrued bonuses amounting to £97 10s, on the life of the late Edward' Creighton Kirk. In the policy there was a clause that if the holder died by big own hand within 13 months from the date of issue the policy would not be paid. However, that clause did not apply in this case, because Kirk had held the policy for 12 years before his death. Kirk had died'from drinking prussic acid, admittedly administered by his own hand. The question was whether it was an accident or suicide. If it were an accident the defendant company would have to pay: if it were a case of suicide it would have ..to ha decided whether deceased was insane orj sane at the time of his death. If it a deliberate act on the part of deceased the defendant company would not have to pay. If it was a case of insanity the company would have to pay., The evidence showed that Kirk, who was a chemist in a good financial position, suffered from insomnia, and it was suggested that he took prussic acid in mistake for another drug.

Mr. M. J. Gresson said the.evidence obtained by $e insurance company seemed to show that J£irk was sane at the time he committed suicide, and therefore the company had no other course hut to have the case decided by a tribunal. The possibility that Kirk’s death was due to am accident was very remote, because a trained chemist like Kirk could not have mistaken the pungent smell of prussic acid. With regard to the question of sanity, the witnesses for plaintiff had all testified that deceased was a sane man.

The jury found that Kirk accidently took the poison which caused his death, and judgment was given for plaintiff with costs.