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A. W. THERRIEN CO. v. MARYLAND CAS. CO.

No. 4054.

97 N.H. 180 (1951)

A. W. THERRIEN CO. v. MARYLAND CASUALTY COMPANY & a.

Supreme Court of New Hampshire.

November 6, 1951.

Attorney(s) appearing for the Case

Philip J. Biron for the plaintiffs.

Sulloway, Piper, Jones, Hollis & Godfrey (Mr. Irving H. Soden orally), for the defendants.

JOHNSTON, C. J.

The plaintiffs concede that the statement which was filed with the Secretary of State on November 15, 1948, should have been filed on or before November 2, 1948, to comply with the statute. This provision of the statute for notice was a condition precedent to any obligation of the insurer. Poirier v. Company, 84 N.H. 461. Moreover, there is no allegation in the petition that the plaintiffs were misled to their disadvantage, prejudice...

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