[Download] "Merchants Mutual Casualty Company v. Annie" by Supreme Court of New Hampshire * eBook PDF Kindle ePub Free

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eBook details

• Title: Merchants Mutual Casualty Company v. Annie
• Author : Supreme Court of New Hampshire
• Release Date : January 03, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Petition, for a declaratory judgment under Laws of 1929, c. 86, to determine whether the plaintiff or the defendant American Employers' Insurance Company, is bound under certain policies of liability insurance issued to the defendant, Harry Winebaum, to defend an action at law brought against the said Winebaum by the defendant Annie Smith, Administratrix, to recover damages for causing the death of the intestate, Francis Smith, in an automobile accident which occurred upon November 2, 1936. By reason of certain exclusions in the policy of insurance issued by the plaintiff, two issues of fact were raised by the pleadings, namely: ""(1) When the accident occurred, was the truck being operated by Francis Smith; (2) Was the said Smith at the time in the performance of his duties as an employee of Winebaum?"" On both of these issues the defendant Annie Smith, administratrix, moved for a jury trial. The court granted the motion ""with respect to the first issue, but denied the request for a jury trial in respect to the second."" A jury having been drawn to try the first issue, evidence upon both issues was introduced, the second issue ""being reserved by and decided by the court."" As a result of this trial ""the jury returned a finding that Francis Smith was not the driver "" and the court found as a fact ""that at the time of the accident Francis Smith was an employee of Harry Winebaum and engaged in his duties as such.""

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