HINCHEY v. NATIONAL SURETY COMPANY

No. 4436.

100 N.H. 8 (1955)

ROBERT E. HINCHEY, Adm'r & a. v. NATIONAL SURETY COMPANY & a.

Supreme Court of New Hampshire.

Decided September 28, 1955.


Attorney(s) appearing for the Case

Burns, Calderwood & Bryant (Mr. Bryant orally), for the plaintiffs.

Devine & Millimet (Mr. Millimet orally), for the defendant company.


DUNCAN, J.

The original findings of the Trial Court contained no finding "that Sellers approved the custom of swapping drivers" (Hinchey v. Surety Company, supra, 379), but implied a finding that he never knew of such a practice. Id., 380. In support of their exception to the ruling of the Trial Court approving the proposed final decree, as in conformity with the findings of that Court and the decision of this court, the plaintiffs now assert...

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