Hughes v Wolfe et Al

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Peterkin J.A.
• Judgment Date: 04 March 1976
• Neutral Citation: AG 1976 CA 2
• Docket Number: Civil Appeal No. 1 of 1973
• Date: 04 March 1976

Court of Appeal

Davis, C.J.; Peterkin, J.A.; St. Bernard, J.A.

Civil Appeal No. 1 of 1973

Hughes

and

Wolfe et al

Insurance - Indemnity — Whether appellant entitled to claim indemnity under policy of motor insurance.

Peterkin J.A.

1 This is an appeal against the Judgment of Louisy, J. dismissing a claim for indemnity arising under a policy of motor insurance dated 12 ^th September, 1959, made between C.F. Horncastle & Co. Ltd., Insurance Brokers of London and the Appellant and issued to him by E.J. Wolfe as agents in Antigua on their behalf.

2 On 20th December, 1959, the Appellant's vehicle was damaged as the result of an accident, and he notified E.J. Wolfe who took possession of the truck and sent it for repair to the garage of. George Mendes. The Appellant later refused to take delivery of the truck on the ground that it was not roadworthy, and on 6th May, 1960, he issued a writ for $6,000 against E.J. Wolfe under the policy of insurance.

3 In his defence delivered on 20th July, 1960, the Defendant pleaded that the contract of insurance was made between the Plaintiff and Charles F. Horncastle & Co. Ltd. in which transaction the Defendant acted as agent for the said Charles F. Horncastle & Co. Ltd.

4 On 4th July, 1962 an order, on the application of the Appellant was made to join Charles F. Horncastle & Co. Ltd. as a Defendant with leave given to effect substituted service of any document at the business place of E.J. Wolfe, their agents, at Long Street, St. John's. From the record it, does, not appear that any document was served in pursuance of...