MERCHS. INS. CO. v. FACTORY INS. CO.


52 Misc.2d 510 (1966)

Merchants Mutual Insurance Company, Plaintiff, v. Factory Mutual Liability Insurance Company, Defendant.

Supreme Court, Erie County.

December 29, 1966


Attorney(s) appearing for the Case

Gleason & O'Connor (Raymond V. O'Connor of counsel), for plaintiff. Pottle, O'Shea, Adamson & Reynolds (Philip J. O'Shea of counsel), for defendant.


HAMILTON WARD, J.

This is an action for money damages tried without a jury on an agreed statement of facts. This constitutes the findings essential to a decision, leaving only the determination of a mixed question of fact and law.

The facts essential to a decision are as follows:

Mr. B. and Mrs. B. are husband and wife. At the pertinent times they lived together with their two minor sons in a...

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