BERGERON v. FONTAINE

No. 5805.

109 N.H. 370 (1969)

EDWARD L. BERGERON v. LIONEL J. FONTAINE & a.

Supreme Court of New Hampshire.

Decided June 3, 1969.


Attorney(s) appearing for the Case

Howard B. Lane (by brief and orally), for the plaintiff.

Olson, Reynolds & McMahon for the defendants Fontaine and Reynolds, trustee in bankruptcy intervenor, filed no brief.

Bell & Kennedy (Mr. Ernest L. Bell, III orally), for the defendant insurance companies.


GRIMES, J.

This is a petition in equity to reform certain fire insurance policies so that the plaintiff would be named as a "payee" instead of mortgagee. The Trial Court (Dunfey, J.) decreed reformation and transferred defendants' exceptions.

On May 25, 1964, Bergeron sold the stock in trade and fixtures of his clothing business to Fontaine for $45,000 and took a note for that amount payable at the rate of $200 a week with interest at 6% on the unpaid...

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