Opinion
Opinion filed January 4, 1933.
ACTION OF CONTRACT on insurance policy. Pleas, general issue and special defenses, and replication by plaintiff. Trial by court at the April Term, 1932, Essex County, Sturtevant, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case. After adjournment of term of Essex county court at which case was heard, defendant filed petition for new trial in Supreme Court. Affirmed. Petition for new trial dismissed.
Shields Conant and Thorp Branch (of Manchester, N.H.) for the defendant.
Searles Graves, Leon D. Ripley (of Colebrook, N.H.), and Clarence A. Warren (of Boston, Mass.) for the plaintiffs.
Present: POWERS, C.J., SLACK, MOULTON, THOMPSON, and GRAHAM, JJ.
This is an action of contract on a fire insurance policy, which below was consolidated with the case of Ned Bardwell et al. v. Commercial Union Assurance Co., Ltd., ante page 106, 163 A. 633. It was tried below and heard here with that case, and involves the same questions. For the reasons specified in our opinion in that case, judgment in this case is affirmed, and petition for new trial is dismissed with costs.