LAW REPORTS

Dominion, Volume 8, Issue 2418, 25 March 1915, Page 9

LAW REPORTS

COURT OF APPEAL £400 POLICY IN DISPUTE AN ACCIDENT INSURANCE CASE When the Court of Appeal resumed its sittings yesterday, the Bench was .occupied by Their Honours the Chief Justice (Sir Robert Stout), Mr. Justico Edwards, Mr. Justice Cooper, and Mr.Justico Chapman.' The first business before the Court was 'a Christchurch case, in which the appellant was Thomas Scott Johnston, station manager, of Glenmark, Canterbury, the respondent being the Ocean Accident and Guarantee Corporation, Ltd. Mr. M. J. Grosson, of Christohurch, appeared for the appellant, while Mr. H. D. Bell, K.C., with him Mr. E. J. Fitzgibbon, appeared for tho respondent company. v On October 21, 1912, Douglas Graham Johnston, a stock agent, in the employ of Dalgety and Co., Ltd., died at Christchurch as the result of an injury caused by an accident. Some time prior to that date Dalgety and Co. had taken out a personal accident policy for £400 with the Ocean Accident Co.. to cover the deceased (Douglas Graham Johnston) while he ( was in their employment. The premiums from time to time had been paid by Dalgety and Co. and the policy was in force at the time of the death of the deceased, but the accident, resulting ,hi death, was admittedly not an accident in the course of his employment, and therefore Dalgety and Co. had incurred no liability thereby. The deceased had signed the proposal for insurance, but he had never paid any of the premiums himself, nor had he ever taken possession of the policy, which remained in tho hands of Dalgety and Co., who subsequently handed it to the appellant I (Thomas Scott Johnston), a son of tho deceased. .In.September, 1913, Thomas j Scott Johnston proceeded against the respondent company at Christchurch to recover the death benefit (£400), due under the policy. The respondent company denied liability, contending that they had no contract of insurance with deceased or his heirs, and that, as Dalgety and Co. had no claim under the policy, there was no liability of any description resting on the respondent company. His Honour Mr. Justice Denniston, who heard the claim, gave judgment for the respondent company in October. 1913, holding that the policy | was the property of Dalgetj and Co., who had no claim on the respondent company, because the accident, which resulted in the death of the assured,' did not arise in the course of his employment; that tlie policy, so far as Dalgety and Co. were concerned, was entirely a policy of indemnity; and that the appellant (Thomas Scott Johnston) J had no claim on the respondent company. From this decision, Thomas Scott Johnston appealed, on the ground that it was erroneous in law and fact. In the course of argument, it was mentioned that the evidence tendered by the Ocean Accident Company's representative in ' Christchurch indicated that had Dalgety and Co. made a claim upon the Ocean Accident Company the full face value of the policy would have been paid to them.

Legal argument was not concluded until after 4 p.m., the Court reserving decision.

BANKRUPT JEWELLER SENTENCED, (By TelaernDli Auckland, March 24. Noah' Cohen, a bankrupt jeweller,was sentenced to one month's imprisonment, with hard labour, for having failed to keep proper books of account prior to his bankruptcy. CHARGED WITH BURGLARY. Chrlstohurch, March 24. At the Court to-day. Charles William Wood, charged with burglary at Dallinjtton, and the tbeft of articles valued' at £4 165.. was remanded to March 31.