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HARDWARE MUT. CAS. CO. v. HOPKINS

No. 5170.

105 N.H. 231 (1963)

HARDWARE MUTUAL CASUALTY COMPANY v. CLYDE H. HOPKINS & a.

Supreme Court of New Hampshire.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Sullivan, Gregg & Horton (Mr. Sherman D. Horton, Jr. orally), for the plaintiff.

Upton, Sanders & Upton (Mr. John H. Sanders orally), for defendants Smith.

George P. Cofran and L. Wilder Quint (Mr. Quint orally), for defendant Merchants Mutual Ins. Co.

Cheever & Sullivan for Clyde H. Hopkins, furnished no brief.

William D. Tribble for Willard E. McGinnis, Jr., furnished no brief.

Kenneth A. Brighton and Richard R. Fernald for defendants Garabrant, furnished no brief.

Devine, Millimet, McDonough, Stahl & Branch (by brief as amicus curiae).

Wiggin, Nourie, Sundeen, Nassikas & Pingree (by brief as amicus curiae).

WHEELER, J.

The pertinent facts bearing upon the issue before us are stated in the reserved case in the following language:

"The defendant, Kenneth Garabrant, a minor, on December 10, 1961, at Leominster, Massachusetts, while driving a 1957 Pontiac automobile owned by the defendant, Clyde H. Hopkins, d/b/a Hopkins Garage, and insured by the plaintiff, Hardware Mutual Casualty Company, was in collision with a motor vehicle operated by the defendant, J. Gilbert...

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