ESTES SONS v. INSURANCE COMPANY, 67 N.H. 597 (1893)

32 A. 775

ESTES SONS v. INSURANCE COMPANY.

Supreme Court of New Hampshire Merrimack.
Decided June, 1893.

MOTION, for rehearing of case reported, ante, p. 462. Plaintiffs moved for judgment on the ground that the defendants were not entitled to a jury trial.

CLARK, J.

Upon the facts agreed, the plaintiffs are not entitled to judgment. It cannot be held, as matter of law, that Barker was the agent of the defendants, or that the defendants have waived or are estopped to insist upon the forfeiture clause in the policies.

Motion for judgment denied.

Calvin Page, for the plaintiffs.

Streeter, Walker Chase, for the defendants.