PROCEEDINGS DROPPED

Wanganui Chronicle, Volume 83, Issue 34, 10 February 1939, Page 8

PROCEEDINGS DROPPED

ESTATE TRUSTEES AGAINST INSURANCE COMPANY {CASE GRANTED A RETRIAL LAST NOVEMBER [ Per Press Association.] CHRISTCHURCH, Feb. *J. Proceedings brought by the Per petual Trustees Estate and Agency (Company, Ltd., as trustees in the estate ot Ernest Ackerman Smith, late of Lincoln’, farmer, tor the recovery ot £2OOO under an insurance policy with the Colonial Mutual Lite Assurance Society, Limited, hag been discontinued by the trust company I The defendant insurance company 'has agreed to pay plaintiff’s costs of the first hearing. When the claim was originally heard in the Supreme Court, the jury brought in a verdict lor the plaintiff company but proceedings were subsequently brought to have |this verdict set aside or judgment i entered for the defendant company . Mr. Justice Northcroft made an order I 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 The original trial began on OctoIber 28, and the retrial was granted jon November 18. The case, which concerned Smiths state ot health when he took out the policy, attracted considerable attention throughout the Dominion.