Bean v. Mercantile Insurance Co. of America

The defendant’s first contention that there was no evidence to warrant submission to the jury of the question whether the plaintiff recovered his sanity within the thirty days prior to August 29, 1935, must be overruled. This issue has been passed on unfavorably to the defendant by this court at a prior trial of the same case, involving the same issue, in which another defendant, Philadelphia Fire and Marine Insurance Company, was joined. See Bean v. Insurance Company, 88 N. H. 416.

A careful comparison of the plaintiff’s evidence in both instances indicates that it was more favorable to the…