Shanghai, 21st November. Before Sir Nicuonas J. HANNEN, Cirief Justice.
Jory v. Tae Sus Lire Assurance Ca. oF Canapa.
Judgment was given in this suit by his Lordship. Mr. H. P. Wilkinson, representing the plaintiff, was present, and Messrs. D. McNeill and W. A. ©, Platt for the defendants. A number of ladies occupied sents at the side of the Court. The judgment was as follows This is a case in which Clara Agnes Jol executrix of the will of Henry Beneraft Joly sues the Sun Life Assurance Ca. of Canada for the sum of £2,500 upon a contract entered into in writing between them, by which the said Company agreed to pay to the plaintiff the sum of £2,600 upon the death of the said Henry Beneraft, Joly, should he die before the expiry of six months from the 4th day of February 1898. The defendants in answer to that claim say that it was a term of the said contract that the said Henry Bonoraft Joly should in all good faith answer questions, and that he made a declaration that the answers given by him to such questions were true to the best of his belief, and agreed tht such declaration and' the answers given by him should he the bassia of the policy; they further alleged that some of the answers to the questions submitted to him were untrue and untrue to his knowledge, and they further said that the contract set out by the plaintiff was obtained by the said Henry Bencraft Joly by fraud.
The case was tried before me with a jury on the 9th, 10th and 11th days of this month, and the jury in answer to certain specific questions left to them found that in answer to three of the ques-8 put to the said Henry Benoraft Joly Lo stated what was not true, and that he knew that the statements he made were untrue They further found that all the statements to which ho had ansivered untruly were material and that the defendants were influenced in making the contract in question by the untrue statements which hie had made. They further found that Mr. Joly was not aware that the statements were material, that he had not nade them with the object of inducing the defendants to issue to him the interim ceipt which constituted the contract and that there was no fraud on the part of Mr. Joly in obtaining it. Upon these findings Mr. Wilkinson on behalf of the plaintiff moved that judgment should be entered for her; and Mr, McNeill on behalf of the defendants moved that it should be entered for them. The question was very fully argued on both sides and after bearm the arguments and carefully going through all the cases that have been quoted I have come to the conclusion that judgment must be entered for the defendants. Let us seo what the exact terms of this contract were. It was in the words and figures following THE SUN LIF ASSURANCE CE. OF CANADA.
Text read from the printed page and cleaned; old type leaves the occasional error.