Pedigree Was Not Material, Daily Racing Form, 1914-12-19


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PEDIGREE WAS NOT MATERIAL. The High Court at Perth, West Australia, hai given an interesting decision In a case involviug the insurance of ,125 on a race horse which was killed in shipment froni Sydney to Freemantle. The policy described the animal as by Marshal Soult out of a St. Paul mare. The company refused to pay on the ground that the horses breeding was not as described in the policy. At the first trial Chief Justice McMillan gave a verdict for Campbell, holding that the pedigree was merely descriptive msi-ter, not material, as the animal was incoutestablv worth what it was insured for. Ou appeal the full court reversed this decision on the ground that the policy warranted the truth of ail the statements In the policy. The owner then carried the appeal to the High Court, which reversed the full courts d-cislon, and restored the original judgment with costs against the insurance company.

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