Gill J:

The defendants, by a policy of Insurance No. 7088 dated 6 May 1960 issued by them to one Lim Choo Hock (hereinafter called "the assured") in consideration of premiums paid and to be paid by the assured upon the terms mentioned in the policy, agreed to insure the life of the assured in the sum of ten thousand dollars and upon proof of his death to pay the said sum to his executors, administrators or assigns.

The assured, by a conditional assignment in writing dated 26 May 1960, assigned the said policy to the plaintiff. A copy of the said assignment was filed in the head office of the defendant company as specified in the policy on 28 May 1960.

The assured died on 29 May 1960 while the policy was in force. The plaintiff by letter dated 2 June 1960 duly notified the defendants of the death of the assured and forwarded to them a certificate relating to such death on 9 June 1960. The present action by the plaintiff is to recover the sum of ten thousand dollars payable on the policy, which the defendants have failed to pay.

The defendants' case is that the contract is voidable, and that they are not liable, because the declaration in writing by the assured dated 18 A