Smith v Horlor - [1930] NZLR 537

Insurance — Motor-car Policy covering Insured against Third-party Risk — Assignment by Insured of "all Real and Personal estate" for Benefit of Creditors — Execution of Assignment by Insurance Company as Creditor — Judgment subsequently recovered against Insured by Third Party in respect of Injury caused prior to Assignment by Collision with Insured's Car — No Notice of Assignment to Insurance Company other than its Execution of Deed — Insurance-moneys paid into Court — Charging-order by Third Party against Moneys set aside and same ordered to be paid to Trustees under Assignment — Property Law Act, 1908, s 46.