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SUTTON MUT. INS. CO. v. ROLPH

No. 5739.

109 N.H. 142 (1968)

SUTTON MUTUAL INS. CO. v. LOYAL F. ROLPH, JR. & a.

Supreme Court of New Hampshire.

Decided July 17, 1968.

Attorney(s) appearing for the Case

Bell & Kennedy (Ernest L. Bell, III orally), for the plaintiff.

Green, Romprey, Sullivan & Beaumont for Loyal F. Rolph, Jr.; and Devine, Millimet, McDonough, Stahl & Branch and Luke S. O'Neill, Jr. for Frances A. and Ernest Gould (Mr. O'Neill orally for defendant Rolph and defendants Gould).

Wadleigh, Langdell, Starr, Peters & Dunn, and James M. Winston, for the defendant Richard J. Walsh, Jr., filed no brief.

Cooper, Hall & Walker, for the defendant Raymond H. Pearson, Adm'r., filed no brief.

DUNCAN, J.

Bill of interpleader by an insurer seeking a determination of its duties under liability provisions of a "combination automobile policy" of insurance issued to the defendant Loyal F. Rolph, Jr., as the owner of an automobile which was involved in a three-car collision at Hooksett on January 25, 1965, while it was being operated by the defendant Raymond S. Donahue, Jr. On filing its bill, the plaintiff deposited with the clerk of court the sum of $21,045...

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