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PEERLESS INS. CO. v. TRAVELERS INS. CO.

No. 5079.

104 N.H. 411 (1963)

PEERLESS INSURANCE COMPANY v. TRAVELERS INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Faulkner, Plaut, Hanna & Zimmerman (Mr. N. Michael Plaut orally), for the plaintiff.

Booth, Wadleigh, Langdell, Starr & Peters and Robert L. Chiesa (Mr. Chiesa orally), for the defendant Travelers Insurance Company.

George P. Cofran and L. Wilder Quint (Mr. Quint orally), for the defendant Merchants Mutual Insurance Company.

Bell & Bell and Peter S. Espiefs (Mr. Ernest L. Bell III orally), for the intervenor Goewey.

PER CURIAM.

The findings of the Trial Court with reference to the circumstances preceding the accident were in part as follows: "[Barrie G. Barrett, Sr.] took the car to try it out on or about August 1st or 2nd, 1960, and he had it continuously in his control and possession until August 7, 1960, the date and time of the accident which resulted in the injuries to the intervenor, Beverly Goewey.

"On Wednesday night, August 3, 1960, Barrie G. Barrett, Sr. told...

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