Pettengill v. New Hampshire Insurance Company

The complaint alleges two counts. The first charges fraud; the second alleges conversion of a portion of the proceeds of a certain check. The acts of wrongdoing, set forth in both counts, are founded on an alleged agreement which the plaintiff claims was made between counsel for the parties concerning the defendant insurance carrier’s right of subrogation. Trial by jury resulted in a verdict and judgment for the defendant on both counts. The plaintiff appeals.

On December 15, 1958, a tractor trailer unit, owned by the plaintiff and insured by the defendant, was damaged in an accident involving…